8 
LB 


GENERAL  SCHOOL  LAWS 


MICHIGAN 


WITH    APPENDIXES 


KK!)   AT   TilH;  OFFICE  OF  THE 


SUPERINTENDENT  OP  PUBLIC  INSTRUCTION 


UNDER  DIRECTION  OF  JUSTUS  S.  STEARNS 


SECRETARY    OF    STATE 


1899 


HF. 

UN'IV 


MICHIGAN 
»3BERT    SMITH    PRIN1  STATE    PRINTERS    AND    BINDEFiS 

.99     . 


UNIVERSITY  OF  DRNIA 

T 

-C5T 


GIFT  O 


Accession        85443 


THE 


GENERAL  SCHOOL  LAWS 


OF 


MICHIGAN 

^  » 

WITH    APPENDIX 

COMPILED  AT  THE  OFFICE  OF  THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

UNDER  DIRECTION  OF  JUSTUS  S.  STEARNS 

SECRETARY    OF    STATE 
1899 


LANSING,     MICHIGAN 
ROBERT     SMITH    PRINTING     CO..    STATE    PRINTERS     AND     BINDERS 

1899 


CONTENTS. 


CONSTITUTIONAL    PROVISIONS. 

PAGE. 

Article  VIII.— State  Officers,  7 

Article  XIII.— Education,      ...  7 

Article  XIV.— Finance  and  Taxation,  9 

STATUTORY    PROVISIONS. 

I. — Primary  School  System, 

(a) — Superintendent  of  Public  Instruction,  10 

(b) — Formation,  Alteration,  Meetings  and  Powers  of  Districts,    -  12 

(c) — District  Board  and  Officers, 22 

(d)— Township  Officers,  '  33 

(e) — County  Clerk  and  Treasurer,  39 

(f)— Bonded  Indebtedness  of  Districts,     -  40 

(g) — Suits  and  Judgments  against  Districts. 42 

(h)— Sites  for  Schoolhouses,       -        -  43 

(i ) — Appeals  from  Action  of  Inspectors,  49 

(j )— Graded  School  Districts.  50 

(k) — Libraries,         -..- 54 

(1 )— Penalties  and  Liabilities,  57 
II. — Miscellaneous  Provisions  relative  to  Education  and  the  Schools,     - 

(a)— Free  Text-books,  60 

(b)  —Agricultural  College  Course, 63 

(c;— Kindergarten  Method,  63 

(d)  -  Teaching  of  Dangerous  Communicable  Diseases.  64 

(e) — Appropriation  for  the  Teaching  of  above,       -        -  64 

(f ) — Publication  of  the  Proceedings  of  Annual  School  Meeting,  -       65 

(g)— Purchase  and  Display  of  United  States  Flag.  65 

(h) — Returns  from  Incorporated  Institutes.  65 

(i )— Teachers'  Certificates  from  U.  of  M. ,  66 

(j )— State  Teachers'  Certificates,  66 

III. — County  Commissioners  and  School  Examiners,  68 

IV. — Township  School  Districts  in  Upper  Peninsula.  76 

V.— Teachers'  Institutes,  -  81 

VI. — Compulsory  Education.  84 


85443 


CONTENTS. 


PA<JE. 

VII. — Miscellaneous  Offenses — Crime  and  Truancy,  -  87 

VIII. — Powers,  Duties,  and  Officers  of  Townships — School  Inspectors.  88 

IX. — Teachers'  Associations. 90 

X.— State  Accounts— Safe  Keeping  of  Public  Moneys,  90 

XI.— State  Lands— Apportionment  of  Dog  Tax,  92 

XII.— State  Normal  Schools,    -  92 
XIII.— Legislation  of  1899, 

(a)— Name  of  Michigan  State  Normal  College.    -  100 

(b)- Loan  Funds  for  Students,  102 

(c)— State  Library  Commission,     -  104 

(d) — Day  Schools  for  the  Deaf,  105 
(e)— Publication  and  Distribution  of  Laws  and  Public  Documents,  106 

XIV. — Appendix. — Forms  for  Proceedings  under  the  School  Laws.      -  -              109 


INTRODUCTORY; 


Hon.  Justus  S.  Stearns,  Secretary  of  State, 

Lansing,  Michigan: 

My  Dear  Sir — In  Compliance  with  your  request  I  submit  to  you  this 
compilation  of  the  General  School  Laws  of  1899,  the  same  to  be  pub- 
lished and  distributed  in  accordance  with  the  provisions  of  act  No.  44, 
Public  Acts  of  1899,  for  the  use  of  all  persons  having  official  charge  of 
the  public  schools  of  Michigan. 

In  making  this  compilation  we  have  quoted  from  the  Compiled  Laws  of 
1897,  making  such  additions  and  explanatory  comments  as  became  neces- 
sary through  the  enactments  of  the  legislature  of  1899.  The  numbers  in 
parenthesis  refer  to  the  Compiled  Laws,  as  also  the  chapters  numbered 
in  Roman;  the  section  numbers  correspond  to  those  of  the  Public  Acts. 

Near  the  back  part  of  this  book  it  will  be  noticed  that  these  numbers 
are  not  consecutive,  but  this  is  readily  understood  from  the  following 
comments : 

1.  The  law  for  Uniformity  of  Text  Books,  being  section  4781-4790, 
was  repealed  and  therefore  does  not  appear. 

2.  That  part  of  the  law  referring  to  Teachers'  Associations,  the  safe 
keeping  of  public  moneys,  the  prevention  of  crime  and  punishment  for 
truancy,  is  taken  from  different  portions  of  the  Compiled  Laws  of  1897. 

I  desire  to  call  attention  to  the  addition  of  the  laws  referring  to  the 
powers  and  duties  of  the  State  Board  of  Education  in  the  control  of  the 
State  Normal  Schools,  and  the  granting  of  degrees,  diplomas,  and  certif- 
icates. 

The  laws  enacted  by  the  legislature  of  1899,  amending  previous  laws 
referring  to  education  and  the  public  schools,  have  been  inserted  in  their 
proper  places,  with  explanatory  marginal  notes.  The  new  laws  enacted 
are  the  following: 

1.  An  act  to  change  the  name  of  the  Michigan  State  Normal  School  at 
Ypsilanti. 

2.  An  act  to  provide  for  the  establishment  of  a  Normal  School  at 
Marquette. 

3.  An  act  to  provide  for  the  establishment  of  loan  funds  for  the  assist- 
ance of  students  desirous  to  attend  our  higher  institutions  of  learning. 

4.  An  act  to  create  a  State  Library  Commission. 

5.  An  act  to  maintain  day  schools  for  the  deaf. 

6.  An  act  to  provide  for  the  publication  and  distribution  of  laws  and 
public  documents. 

By  reason  of  the  reprinting  of  annotations,  the  publication  of  what  was 


GENERAL    SCHOOL    LAWS. 


designated  as  "Appendix  A"  in  previous  editions  is  no  longer  necessary. 
We,  however,  print  as  an  appendix  what  was  known  as  "Appendix  B." 
Attention  is  also  called  to  the  note  regarding  apportionment  of  the  dog 
tax,  and  the  printing  and  distribution  of  the  legislative  Manual  and  an- 
nual report  of  Superintendent  of  Public  Instruction. 

Very  respectfully  yours, 

JASON  E.  HAMMOND, 
Superintendent  of  Public  Instruction. 

N.  B. — Inasmuch  as  following  the  Compiled  Laws  of  1897  necessitated 
so  many  changes  from  the  order  heretofore  followed,  we  would  suggest 
that  all  other  editions  of  school  law  be  discarded,  and  this  substituted 
therefor. — J.  E.  H. 


GENEKAL 

SCHOOL  LAWS  OF  MICHIGAN 


CONSTITUTIONAL    PROVISIONS. 


ARTICLE  VTII. 

STATE    OFFICERS. 

SECTION  1.  There  shall  be  elected  at  each  biennial  election, 
a  Secretary  of  State,  a  Superintendent  of  Public  Instruction, 
a  State  Treasurer,  Commissioner  of  the  Land  Office,  an  Auditor 
General,  and  an  Attorney  General,  for  the  term  of  two  years. 
They  shall  keep  their  offices  at  the  seat  of  government,  and  §£**  to  keep 
shall  perform  such  duties  as  may  be  prescribed  by  law. 

SEC.  2.     Their  term  of  office  shall  commence  on  the  first  day  ^rm  of  °^ce- 
of  January,  one  thousand  eight  hundred  and  fifty-three,  and  of 
every  second  year  thereafter. 

SEC.  3.    Whenever  a  vacancy  shall  occur  in  any  of  the  State  ^Jncy' bow 
offices,  the  Governor  shall  fill  the  same  by  appointment,  by  and 
with  the  advice  and  consent  of  the  Senate,  if  in  session. 

ARTICLE  XIII. 

EDUCATION. 

SECTION.  1.     The  Superintendent  of  Public  Instruction  shall  ^UerfB°endent 
have  the  general  supervision  of  public  instruction,  and  his  of  pu"5oeinii.en 
duties  shall  be  prescribed  by  law. 

SEC.  2.  The  proceeds  from  the  sales  of  all  lands  that  have  school  fund, 
been  or  hereafter  may  be  granted  by  the  United  States  to  the 
State  for  educational  purposes,  and  the  proceeds  of  all  lands 
or  other  property  given  by  individuals  or  appropriated  by  the 
State  for  like  purposes,  shall  be  and  remain  a  perpetual  fund, 
the  interest  and  income  of  which,  together  with  the  rents  of 
all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appro- 


GENERAL    SCHOOL    LAWS. 


Escheats. 


Free  schools. 


Instruction 
conducted  in 
English  lan- 
guage. 

District 
schools. 

When  de- 
prived of  pub- 
lic money. 


Election  of 
regents  of  the 
university. 


Vacancy,  how 
filled. 


Regents  a 
body  corporate 


President  of 
the  university. 


University 
interest  fund. 


State  board  of 
education. 


Superintend- 
ent of  public 
instruction  a 
member. 


priated  and  annually  applied  to  the  specific  objects  of  the 
original  gift,  grant,  or  appropriation. 

SBC.  3.  All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  State;  and  the  interest  on  the 
clear  proceeds  from  the  sales  thereof  shall  be  appropriated 
exclusively  to  the  support  of  primary  schools. 

SEC.  4.  The  Legislature  shall,  within  five  years  from  the 
adoption  of  this  constitution,,  provide  for  and  establish  a  sys- 
tem of  primary  schools,  whereby  a  school  shall  be  kept  with- 
out charge  for  tuition,  at  least  three  months  in  each  year,  in 
every  school  district  in  the  State;  and  all  instruction  in  said 
schools  shall  be  conducted  in  the  English  language. 

SEC.  5.  A  school  shall  be  maintained  in  each  school  district 
at  least  three  months  in  each  year.  Any  school  district  neg- 
lecting to  maintain  such  school  shall  be  deprived  for  the  ensu- 
ing year  of  ite  proportion  of  the  income  of  the  primary  school 
fund,  and  of  all  funds  arising  from  taxes  for  the  support  of 
schools. 

SEC.  6.  There  shall  be  elected  in  the  year  eighteen  hundred 
and  sixty-three,  at  the  time  of  the  election  of  a  Justice  of  the 
Supreme  Court,  eight  Regents  of  the  University,  two  of  whom 
shall  hold  their  office  for  two  years,  two  for  four  years,  two 
for  six  years,  and  two  for  eight  years.  They  shall  enter  upon 
the  duties  of  their  office  on  the  first  of  January  next  succeed- 
ing their  election.  At  every  regular  election  of  a  justice  of 
the  Supreme  Court  thereafter,  there  shall  be  elected  two 
Regents,  whose  terms  of  office  shall  be  eight  years.  When  a 
vacancy  shall  occur  in  the  office  of  Regent,  it  shall  be  filled  by 
appointment  of  the  Governor.  The  Regents  thus  elected  shall 
constitute  the  Board  of  Regents  of  the  University  of  Michigan. 

SEC.  7.  The  Kegents  of  the  University,  and  their  succes- 
sors in  office,  shall  continue  to  constitute  the  body  corporate 
known  by  the  name  and  title  of  "The  Regents  of  the  University 
of  Michigan." 

SEC.  8.  The  Regents  of  the  University  shall,  at  their  first 
annual  meeting,  or  as  soon  thereafter  as  may  be,  elect  a  presi- 
dent of  the  University,  who  shall  be  ex  offtcio  a  member  of 
their  board,  with  the  privilege  of  speaking,  but  not  of  voting. 
He  shall  preside. at  the  meetings  of  the  Regents,  and  be  the 
principal  executive  officer  of  the  University.  The  Board  of 
Regents  shall  have  the  general  supervision  of  the  University, 
and  the  direction  and  control  of  all  expenditures  from  the 
University  interest  fund. 

SEC.  9.  There  shall  be  elected  at  the  general  election  in  the 
year  one  thousand  eight  hundred  and  fifty-two,  three  members 
of  the  State  Board  of  Education;  one  for  two  years,  one  for 
four  years,  and  one  for  six  years;  and  at  each  succeeding  bien- 
nial election  there  shall  be  elected  one  member  of  such  board, 
who  shall  hold  his  office  for  six  years.  The  Superintendent  of 
Public  Instruction  shall  be  ex  officio  a  member  and  secretary 
of  such  board.  The  board  shall  have  the  general  supervision 


GENERAL    SCHOOL    LAWS. 


of  the  State  Normal  School,  and  their  duties  shall  be  pre- 
scribed  by  law. 

SBC.  10.     Institutions  for  the  benefit  of  those  inhabitants  Asylums. 
who  are  deaf,  dumb,  blind,  or  insane,  shall  always  be  fostered 
and  supported. 

SEC.  11.  The  Legislature  shall  encourage  the  promotion  of 
intellectual,  scientific,  and  agricultural  improvement;  and 
shall,,  as  soon  as  practicable,  provide  for  the  establishment  of 
an  agricultural  school.  The  Legislature  may  appropriate  the  Agricultural 
twenty-two  sections  of  salt  spring  lands  now  unappropriated,  sc 
or  the  money  arising  from  the  sale  of  the  same,  where  such 
lands  have  already  been  sold,  and  any  lands  which  may  here- 
after be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  such  school,  and  may  make  the 
same  a  branch  of  the  University,  for  instruction  in  agriculture 
and  the  natural  sciences  connected  therewith,  and  place  the 
same  under  the  supervision  of  the  Regents  of  the  University. 

SEC.  12.     The  Legislature  shall  also  provide  for  the  estab- 
lishment of  at  least  one  library  in  each  township  and  city;  Libraries. 
and  all  fines  assessed  and  collected  in  the  several  counties  and  Penai  fines  to 
townships  for  any  breach  of  the  penal  laws,  shall  be  exclu-  ubSesed  f 
sively  applied  to  the  support  of  such  libraries,  unless  other- 
wise ordered  by  the  township  board  of  any  township  or  the 
board  of  education  of  any  city:     Provided,  That  in  no  case  Proviso. 
shall  such  fines  be  used  for  other  than  library  or  school  pur- 
poses. 

ARTICLE  XIV. 

FINANCE    AND    TAXATION. 

SECTION  1.    All  specific  State  taxes,  except  those  received  specific  -taxes. 
from  the  mining  companies  of  the  upper  peninsula,  shall  be 
applied  in  paying  the  interest  upon  the  primary  school,  uni- 
versity, and  other  educational  funds,  and  the  interest  and 
principal  of  the  State  debt,  in  the  order  herein  recited,  until 
the  extinguishment  of  the  State  debt,  other  than  the  amounts 
due  to  educational  funds,  when  such  specific  taxes  shall  be 
added  to  and  constitute  a  part  of  the  primary  school  interest 
fund.    The  Legislature  shall  provide  for  an  annual  tax,  suf  -  Tar  for  state 
ficient  w7ith  other  resources,  to  pay  the  estimated  expenses  of  exPenses- 
the  State  government,  the  interest  of  the  State  debt,  and  such 
deficiencv  as  mav  occur  in  the  resources. 


10 


GENERAL    SCHOOL    LAWS. 


STATUTORY    PROVISIONS. 


PART   EIGHT— COMPILED  LAWS  OF   1897. 
OF  PUBLIC  INSTRUCTION. 

CHAPTER  CXVL— THE  PRIMARY  SCHOOL  SYSTEM. 


Act  164,  issi,  p.  An  Act  to  revise  and  consolidate  the  laws  relating  to  PUBLIC  IN- 
2i3;EffP?uTyaf.      STRUCTION  AND  PRIMARY  SCHOOLS,  and  to  repeal  all  statutes 
and  acts  contravening  the  provisions  of  this  act. 

CHAPTER    I— THE     SUPERINTENDENT    OF    PUBLIC     INSTRUCTION. 


Powers  and 
duties  of. 


To  make 
annual  report. 


Contents  of. 


(4639)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  the  superintendent  of  public  instruction  shall  have  gen- 
eral supervision  of  public  instruction  and  of  all  state  institu- 
tions, other  than  the  university,  that  are  essentially  educa- 
tional in  their  character,  and  it  shall  be  his  duty,,  among  other 
things,  to  visit  the  university,  the  agricultural  college,  the  in- 
stitution for  the  deaf  and  dumb,  the  school  for  the  blind,  the 
reform  school,  the  reform  school  for  girls,  and  the  public  school 
for  dependent  and  neglected  children,  and  to  meet  with  the 
governing  boards  of  each  of  said  institutions  at  least  once 
in  each  year.  He  shall  also  prepare  annually,  and  transmit 
to  the  governor,  to  be  by  him  transmitted  to  the  legislature  at 
each  biennial  session  thereof,  a  report  containing: 

First,  A  statement  of  the  condition  of  the  university  and  of 
each  of  the  several  state  educational  institutions,  all  incor- 
porated institutions  of  learning,  and  the  primary,  graded,  and 
high  schools; 

Second,  Estimates  and  amounts  of  expenditures  of  all  edu- 
cational funds; 

Third,  Plans  for  the  management  of  all  educational  funds, 
and  for  the  better  organization  of  the  educational  system,  if, 
in  his  opinion,  the  same  be  required; 

Fourth,  The  annual  reports  and  accompanying  documents, 
so  far  as  he  shall  deem  the  same  of  sufficient  public  interest, 
of  all  state  institutions  of  educational  character; 

Fifth,  Abstracts  of  the  annual  reports  of  the  school  inspect- 
ors of  the  several  townships  and  cities  of  the  state; 

Sixth,  All  such  other  matter  relating  to  his  office  and  the 
subject  of  education  generally  as  he  shall  deem  expedient  to 
communicate. 

How.  5026. 

As  to  superintendent  of  public  instruction,  see  R.  S.  '38,  ch.  1  of  title  12;  R. 
S.  '46,  ch.  56;  laws  of  1850,  p.  181;  laws  of  1851,  p.  116;  C.  L.  '57,  ch.  74;  C.  L.  '71, 
ch.  131;  Const,  xiii,  1. 


GENERAL    SCHOOL     LAWS.  11 

(4640)  SEC.  2.     He  may  appoint  a  deputy  superintendent  of  Deputy  super- 
public  instruction  and  revoke  such  appointment  in  his  discre-  i: 

tion,  and  such  deputy  shall  take  the  constitutional  oath  of 
office,  which,  with  his  appointment,  shall  be  filed  with  the  sec- 
retary of  state.    Said  deputy  may  execute  the  duties  of  the  of-  Duties  of. 
fice  in  case  of  a  vacancy  or  the  absence  of  the  superintendent. 

How.  5027. 

(4641)  SEC.   3.     The   superintendent   of   public    instruction  school  laws  to 
shall  compile  and  cause  to  be  printed  all  general  laws  relating  and  published 
to  schools,  together  with  all  necessary  forms,  regulations,  and  JJjJh  forras' 
instructions  for  conducting  all  proceedings  under  said  laws,  or 
relative  to  the  organization  and  government  of  the  schools,  in- 
cluding rules  and  regulations  for  the  management  of  town- 
ship and  district  libraries,  and  he  shall  transmit  the  same  to 

the  several  officers  intrusted  with  the  care  and  management 
of  said  schools. 

How.  5028. 

(4642)  SEC.  4.     He  shall  semi-annually,  on  receiving  notice 
from  the  auditor  general  of  the  amounts  thereof,  and  between 

the  first  and  tenth  days  of  May  and  November,  apportion  the  Apportionment 
primary  school  interest  fund  among  the  several  townships  and 
cities  of  the  state,  in  proportion  to  the  number  of  children  in  etc- 
each  between  the  ages  of  five  and  twenty  years,  as  the  same 
shall  appear  by  the  reports  of  the  several  boards  of  school  in- 
spectors made  to  him  for  the  school  year  closing  prior  to  the 
May  apportionment  and  shall   prepare   a   statement   of  the 
amount  in  the  aggregate  payable  to  each  county,  and  shall  de- 
liver the  same  to  the  auditor  general,  who  shall  thereupon 
draw  his  warrant  upon  the  state  treasurer  in  favor  of  the  treas- 
urer  of  each  county  for  the  amount  payable  to  each  county.  He  couty  ^eas- 
shall  also  send  written  notices  to  the  clerks  of  the  several  urer£or- 
counties  of  the  amount  in  the  aggregate  to  be  disbursed  in 
their  respective  counties,  and  the  amount  payable  to  the  town-  amount  to  be 
ships  and  cities  therein  respectively. 

How.  5029.— Am.  1885,  p.  282;  App.  June  17,  Act  202.    Moiles  v.  Watson,  60  /  417. 

(4643)  SEC.   5.     Whenever   the   returns   from    any   county, 
township,  city,  or  district,  upon  which  a  statement  of  the 
amount  to  be  disbursed  or  paid  to  any  such  county,  township, 
city,  or  district  shall  be  so  far  defective  as  to  render  it  im- 
practicable to  ascertain  the  share  of  primary  school  interest 
fund  which  ought  to  be  disbursed  or  paid  to  such  county,  town- 
ship, city,  or  district,  he  shall  ascertain  by  the  best  evidence  in 
his  power  the  facts  upon  which  the  ratio  of  such  apportionment 
shall  depend,  and  shall  make  the  apportionment  accordingly. 

How.  5030. 


12 


GENERAL    SCHOOL     LAWS. 


When  defi- 
cency  may  be 
apportioned 
the  next  year. 


(4644)  SEC.  6.  Whenever  any  county,  township,  city,  or  dis- 
trict, through  failure  or  error  in  making  the  proper  report, 
shall  fail  to  receive  its  share  of  the  primary  school  interest 
fund,  the  superintendent  of  public  instruction,  upon  satisfac- 
tory proof  that  said  county,  township,  city,  or  district  was 
justly  entitled  to  the  same,  shall  apportion  such  deficiency  in 
his  next  apportionment;  and  whenever  it  shall  appear  to  the 
satisfaction  of  said  superintendent  that  any  district  has  had 
three  months'  school,  but  failed  to  have  the  full  time  of  school 
required  by  law,  through  no  fault  or  negligence  of  the  district 
or  its  officers,  he  may  include  such  district  in  his  apportion- 
ment of  the  primary  school  interest  fund  in  his  discretion. 

How.  5031.    Moiles  v.  Watson,  60  /  417. 

other  duties  of      (4645)  SBC.  7.  The  superintendent  of  public  instruction  shall 
Int.6"1  perform  such  other  duties  as  are  or  shall  be  required  of  him 

by  law,  and  at  the  expiration  of  his  term  of  office  deliver  to 
his  successor  all  property,  books,  documents,  maps,  records, 
reports,  and  all  other  papers  belonging  to  his  office,  or  which 
may  have  been  received  by  him  for  the  use  of  his  office. 

How.  5032. 

CHAPTER  II— FORMATION,  ALTERATION,  MEETINGS,  AND  POWERS 

OF    DISTRICTS. 


(4646)  SECTION  1.  The  township  board  of  school  inspectors 
shall  divide  the  township  into  such  number  of  school  districts 
as  may  from  time  to  time  be  necessary,  which  districts  they 
boundaries  of  slia11  numl:)er?  and  tnev  mav  regulate  and  alter  the  boundaries 
of  the  same  as  circumstances  shall  render  proper,  subject  to 
the  provisions  hereinafter  made;  but  no  district  shall  contain, 
more  than  nine  sections  of  land,  and  each  district  shall  be 
composed  of  contiguous  territory,  and  be  in  as  compact  a  form 
as  may  be. 

On^tiie  subject  of  primary  schools,  see  R.  L.  1827,  p.  448;  R.  L.  1833,  p.  129; 
laws  of  1835,  p.  114;  1836,  p.  49;  1837,  p.  116;  1838,  p.  4;  R.  S.  '38,  ch.  3,  title  11; 
laws  of  1839,  p.  199;  1840,  p.  205;  1841,  pp.  9,  80;  1843,  p.  88;  1845,  p.  96;  1846,  p.  211; 
R.  S.  '46,  ch.  58;  C.  L.  '57,  ch.  78;  «J.  L.  '71,  ch.  136. 

PRIMARY  SCHOOL  SYSTEM:  The  whole  primary  school  system  was 
confided  by  the  constitution  to  the  legislature  and  it  cannot  be  said  that  the 
officers  of  school  districts,  chosen  pursuant  to  the  system  adopted  by  the 
legislature,  are  constitutional  officers.— Belles  v.  Burr,  76  /  11.  The  constitu- 
tion of  1850  left  to  the  legislature,  as  did  the  preceding  constitution,  the  estab- 
lishment of  a  system  of  primary  schools,  restricting  the  legislature  only  by 
providing  that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least 
-  three  months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the 
English  language.  All  other  matters  seem  to  be  within  the  discretion  of  the 
legislature.— Perrizo  v.  Kesler,  93  /  283;  People  v.  Howlett,  94  /  168;  Pingree  v. 
Board  of  Education,  99  /  408.  Our  primary  school  system  is  the  pride  of  the 
state.— People  v.  Howlett,  94  /  169. 

FORMATION  OF  DISTRICTS:  The  township  board  of  school  inspectors 
is  authorized  to  divide  the  township  into  such  number  of  school  districts  as 
they  may  consider  necessary  from  time  to  time,  and  may  regulate  and 
alter  the  boundaries  of  the  same  as  circumstances  shall  render  proper, 
subject  to  certain  restrictions.— Doxey  v.  Sch.  Inspectors,  67  /  603;  Brody  v. 
Penn.  Twp.  Board,  32  /  273;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343;  Simpkins  v. 
Ward,  45  /  561.  See  Briggs  v.  Borden,  71  /  89-90.  They  may  dissolve  a  school 
district  and  annex  it  to  another.— People  v.  Davidson,  2  Doug.  121;  Brewer  v. 
Palmer,  13  /  107.  When  two  districts  are  annexed  without  any  other  change 
in  their  boundaries,  the  mere  fact  that  one  number  is  preferred  to  another 
does  not  change  the  real  character  of  the  annexation.— Brewer  v.  Palmer, 
•13  /  109.  When  one  district  is  annexed  to  another,  its  corporate  existence 


GENERAL  SCHOOL  LAWS.  13 

ceases  and  it  cannot  be  sued  for  debts;  the  new  district  must  be  held  respon- 
sible for  them.— Id.  But  when  a  district  is  parceled  out  among  several 
other  districts,  the  latter  cannot  be  held  jointly  liable  for  the  debts  of  the 
former;  whatever  they  are  bound  to  pay  is  a  several  and  not  a  joint  obliga- 
tion.—Halbert  v.  Sch.  Dists.,  36  /  421.  But  the  inspectors  cannot  change 
a  district  formed  by  special  act  of  the  legislature.— Sch.  Dist.  v.  Dean,  17  /223. 
The  organization  of  a  new  township  severs  its  territory  from  the  school 
district  within  which  it  was  formerly  embraced.— People  v.  Ryan,  19  /  203. 
See  Section  4654. 

INTEREST  OF  INSPECTORS:  Where  the  interest  of  the  inspectors  in 
the  formation  of  a  school  district  is  no  greater  than  that  of  other  tax- 
payers and  residents,  they  are  not  disqualified  from  acting.— Clement  v. 
Everest,  29  /  19.  The  interest  which  disqualifies.— Stockwell  v.  White  Lake 
Twp.  Board,  22  /  341;  Peninsular  Ry.  Co.  v.  Howard,  20  /  18. 

NINE  SECTIONS:  The  policy  of  limiting  school  districts  to  nine  sections 
of  land  has  been  a  uniform  one.— Simpkins  v.  Ward,  45  /  561.  This  means 
an  acreage  equal  to  nine  full  sections.— People  v.  Gartland,  75  /  143.  As  to 
graded  school  districts,  see  Section  4749. 

QUESTIONING  REGULARITY:  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the  existence  of  it  cannot  be  questioned  collater- 
ally, but  only  in  direct  proceedings.— Clement  v.  Everest,  29  /  19.  See  Sch. 
Dist.  v.  Inspectors,  27/3;  Stuart  v.  Sch.  Dist.,  30/69;  Lord  v.  Every,  38/405; 
Bird  v.  Perkins,  33/30;  Stockle  v.  Silsbee,  41  /  621;  Keweenaw  Ass'n  v.  Sch. 
Dist.,  98  /  437.  The  legality  of  the  organization  and  existence  of  the  district 
cannot  be  tested  by  certioray.— Jaquith  v.  Hale,  31  /  430.  Certiorari  to  review 
the  proceedings  in  organizing  a  district  will  not  lie  after  the  district  is 
actually  organized  and  has  assumed  the  functions  of  a  corporation;  its 
corporate  existence  must  then  be  tested  by  quo  warranto.— Sch.  Dist.  v. 
Inspectors,  27/3;  People  v.  Gartland,  75  /  143.  But  there  should  be  some 
special  and  extraordinary  reason  to  justify  intereference  by  quo  warranto 
with  the  organizatipn  of  a  school  district,  as  the  statutes  provide  a  speedier 
remedy  by  an  appeal  from  the  district  board  to  the  township  board.— Lord  v. 
Every,  38  /  405.  And  the  supreme  court  will  not  meddle  with  the  concerns 
of  school  districts,  on  mandamus,  except  on  things  of  substance.— Sch 
Dist.  v.  Riverside.  Twp.,  67  /  406. 

(4647)  SEC.  2.     Whenever  the  board  of  school  inspectors  of 
any  township  shall  form  a  school  district  therein,  it  shall  be 

the  duty  of  the  clerk  of  such  board  to  deliver  to  a  taxable  in-  Township  clerk 
habitant  of  such  district  a  notice  in  writing  of  the  formation  nottce'offor- 
of  such  district,  describing  its  boundaries,  and  specifying  the  mation  to  in- 
time  and  place  of  the  first  meeting,  which  notice,  with  the  h! 
fact  of  such  delivery,  shall  be  entered  upon  record  by  the 
clerk.     The  said  notice  shall  also  direct  such  inhabitant  to  JnJ^abjfaJts  iot 
notify  every  qualified  voter  of  such  district,  either  personally  Smiting0 
or  by  leaving  a  written  notice  at  his  place  of  residence,  of  the 
time  and  place  of  said  meeting,  at  least  five  days  before  the 
time  appointed  therefor;  and  it  shall  be  the  duty  of  such  inhab- 
itant to  notify  the  qualified  voters  of  said  district  accordingly, 
and  said  inhabitant,  when  he  shall  have  notified  the  qualified 
voters  as  required  in  such  notice,  shall  endorse  thereon  a  re-  Return  of 
turn,  showing  such  notification  with  the  date  or  dates  thereof,  notice- 
and  deliver  such  notice  and  return  to  the  chairman  of  the 
meeting,  to  be  by  him  delivered  to  the  director  chosen  at  such 
meeting,  and  by  said  director  recorded  at  length  as  a  part  of  Notice  and 
the  records  of  such  district.  ScoISed°be 

How.   5034. 

NOTICE:  The  board  of  school  inspectors  may  under  one  notice,  at  one 
meeting,  by  separate  action,  detach  lands  from  separate  school  districts 
and  attach  them  to  one  district.— Doxey  v.  School  Inspectors,  67  /  601.  Irreg- 
ularity in  notice.— Parman  v.  Inspectors,  49  /  63.  See  Roeser  v.  Gartland, 
75  /  144. 

RECORDS:    Importance  of.— Sch.  Dist.  v.  Snell,  24  /  352. 

(4648)  SEC.  3.     In  case  the  inhabitants  of  any  district  shall  Proceedings  in 
fail  to  organize  the  same  in  pursuance  of  such  notice  as  afore-  ?ooergan?zeure 
said,  the  said  clerk  shall  give  a  new  notice  in  the  manner  here-  district. 


14 


GENERAL  SCHOOL  LAWS. 


inbefore  provided,  and  the  same  proceedings  shall   be  had 
thereon  as  if  no  previous  notice  had  been  delivered. 


How.  5035. 


Formation  of 
fractional  dis- 
tricts. 


To  whom 
director  of 
such  district 
shall  report. 


When  district 


(4649)  SEC.  4.     Whenever  it  shall  be  necessary  or  convenient 
to  form  a  district  from  two  or  more  adjoining  townships,  the 
inspectors,  or  a  majority  of  them,  of  each  of  such  adjoining 
townships,  may  form  such  district,  to  be  designated  as  a  frac- 
tional district,  and  direct  which  township  clerk  shall  make 
and  deliver  the  notice  of  the  formation  of  the  same  to  a  tax- 
able inhabitant  thereof,  and  may  regulate  and  alter  such  dis- 
trict as  circumstances  may  render  necessary  in  the  same  man- 
ner that  other  districts  are  altered.     The  annual  reports  of  the 
director  of  such  district  shall  be  made  to  the  inspectors  of 
the  township  in  which  the  school-house  may  be  situated,  and 
the  inspectors  of  such  township  shall  number  said  district. 

How.  5036. 

Saginaw  Twp.  v.  Sch.  Dist:,  9  /  544;  Brewer  v.  Palmer,  13  /  109. 

(4650)  SEC.  5.     Every  such  school  district  shall  be  deemed 
duly  organized  when  any  two  of  the  officers  elected  at  the  first 
meeting  shall  have  filed  their  acceptances  in  writing  with  the 
director,  and  the  same  shall  have  been  recorded  in  the  minutes 
of  such  first  meeting.    Every  school  district  shall,  in  all  cases, 
be  presumed  to  have  been  legally  organized  when  it  shall  have 
exercised  the  franchises  and  privileges  of  a  district  for  the 
term  of  two  years;  and  such  school  district  and  its  officers 
shall  be  entitled  to  all  the  rights,  privileges,  and  immunities, 
and  be  subject  to  all  the  duties  and  liabilities  conferred  upon 
school  districts  by  law. 

How.  5037. 

PRESUMPTION  OF  LEGAL  ORGANIZATION:    When  a  district  has  ex- 
ercised the  frachises  and  privileges  of  a  school  district  for  over  two  -years, 
it  is  too  late  to  question  the  legality  of  its  organization.— Sch.  Dist.  v.  Sch. 
Dist.,  63  /  56;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343.    The  same  rule  which  recognizes 
the  right  of  officers  de  facto  recognizes  corporations  de  facto. — Clement  v. 
Everest,  29  /  23.    In  public  affairs,  when   the  people  have  organized   them- 
Organizatiou  of  selves  under  color  of  law  into  the  ordinary  municipal  bodies,  and  have  gone 
districts.  on  year  after  year  raising  taxes,  making  improvements  and  exercising  their 

usual  franchises,  their  rights  are  properly  regarded  as  depending  quite  as 
much  on  the  acquiescence  as  on  the  regularity  of  their  origin,  and  no  ex 
post  facto  inquiry  can  be  permitted  to  undo  their  corporate  existence.— 
People  v.  Maynard,  15  /  470.  As  to  questioning  the  regularity  of  organization, 
etc.,  see  note  to  Section  4646. 


Presumption 
of  legal  organ- 
ization. 


Director's 
record  of  first 
meeting  to  be 

evidence. 


(4651)  SEC.  6.  The  record  of  the  first  meeting  made  by  the 
directors  shall  be  prima  facie  evidence  of  the  facts  therein  set 
forth,  and  of  the  legality  of  all  proceedings  in  the  organization 
of  the  district  prior  to  the  first  district  meeting;  but  nothing  in 
this  section  contained  shall  be  so  construed  as  to  impair  the 
effect  of  the  record  kept  by  the  school  inspectors,  as  evidence. 


How.  5038. 


CORPORATE    POWERS     OF    DISTRICTS. 


school  district       (4652)  SEC.  7.     Every  school  district  organized  in  pursuance 
porate°dy  c°     of  this  chapter,  or  which  has  been  organized  and  continued 


GENERAL    SCHOOL    LAWS.  15 

under  any  previous  law  of  the  state  or  territory  of  Michigan, 

shall  be  a  body  corporate,  and  shall  possess  the  usual  powers 

of  a  corporation  for  public  purposes,,  by  the  name  and  style  Name  and 

of  "school  district  number  (such  number  as  shall  be  style 

designated  in  the  formation  thereof  by  the  inspectors),  of" 

(the  name  of  the  township  or  townships  in  which  the  district 

is  situated),  and  in  that  name  shall  be  capable  of  suing  and  Powers  of. 

being  sued,  of  contracting  and  being  contracted  with,  and  of 

holding  such  real  and  personal  estate  as  is  authorized  to  be 

purchased  by  the  provisions  of  law,  and  of  selling  the  same. 

How.  5039. 

CORPORATE  POWERS:  The  school  district,  under  our  statutes,  is  a  cor- 
poration, and,  as  such  corporation,  is  represented  by  three  officers:  a  moder- 
ator, director  and  assessor.  The  affairs  of  the  district  are  managed  and 
controlled  by  them,  under  certain  restrictions.— Sch.  Dist.  v.  Sch.  Dist.,  63  /  57. 
A  school  district  can  take  and  hold  bequests  of  money  for  the  maintenance 
of  a  public  library  for  the  use  and  benefit  of  the  residents  of  the  district.— 
Maynard  v.  Woodard,  36  /  423.  School  districts,  like  townships  and  coun- 
ties, are  subdivisions  of  the  state.  This  section  gives  them  the  capacity  to 
sue  and  be  sued.— Van  Wert  v.  Sch.  Dist.,  100  /  333.  School  districts  are 
municipal  corporations.— Seeley  v.  Board  of  Ed.,  39  /  486;  Sch.  Dist.  v.  Gage, 
39  /  484;  Belles  v.  Burr,  76  /  1.  And  cannot  be  garnisheed  even  by  its  own 
consent,  unless  the  debtor  also  consents.— Id.  They  preceded  the  constitu- 
tion (Stuart  v.  Sch.  Dist.,  30  /  69.),  and  were  recognized  by  that  instrument. 
—Belles  v.  Burr,  76  /  11. 

ALTERATION    OF    DISTRICTS. 

(4653)  SEC.  8.     Whenever  the  board   of  school   inspectors  Alterations  of 
shall  contemplate  an  alteration  of  the  boundaries  of  a  dis-  dSricts'by  °f 
trict,  the  township  clerk  (and  for  meetings  of  boards  to  act  inspectors- 
in  relation  to  fractional  districts,  clerks  of  the  several  town- 
ships interested)  shall  give  at  least  ten  days'  notice  of  the  time 

and  place  of  the  meeting  of  the  inspectors,  and  the  alteration 
proposed,  by  posting  such  notice  in  three  public  places  in  the 
township  or  townships,  one  of  which  notices  shall  be  in  each 
of  the  districts  that  may  be  affected  by  such  alteration.  When- 
ever the  boards  of  school  inspectors  of  more  than  one  towrn- 
ship  meet,  they  shall  elect  one  of  their  number  chairman,  and 
another  clerk  thereof. 

How.  5040.— Am.  1883,  p.  77;  App.  May  10;  Act  82. 

NOTICE:  The  notice  required  is  jurisdictional  and  indispensable.— Coulter 
v.  Inspectors,  59  /  391;  Sch.  Dist.  v.  Inspectors,  63  /  611;  Gentle  v.  Inspectors, 
73/40;  Graves  v.  Inspectors,  102  /  635;  Passage  v.  Inspectors,  19  /  330;  Andress 
v.  Inspectors,  19  /  332.  Proof  of  the  posting  of  such  notice  should  be  filed  A  Iteration  of 
with  the  clerk  of  the  board,  before  any  action  is  taken.— Coulter  v.  Inspect-  district, 
ors,  59  /  391;  Sch.  Dist.  v.  Inspectors,  63  /  611;  Graves  v.  Inspectors,  102  /  635. 
Where  notice  is  not  given  the  filing  of  the  consent  of  a  majority  of  the 
resident  taxpayers  of  the  districts  affected  will  not  validate  ^the  action.— 
Gentle  v.  Inspectors,  73  /  40.  Notices  must  be  posted  in  each  township  af- 
fected by  the  alteration.— Sch.  Dist.  v.  Metcalf,  93  /  499.  The  object  of  the 
notice  is  to  enable  parties  interested  to  be  heard  before  any  action  is  taken.— 
Gentle  v.  Inspectors,  73  /  45;  Sch.  Dist.  v.  Metcalf,  93  /  499.  As  to  the  pro- 
vision in  the  former  law,  see  Sch.  Dist.  v.  Sch.  Dist.,  63  /  51. 

FRACTIONAL  DISTRICT:  The  action  of  the  joint  boards  is  required  in 
case  of  fractional  districts.— Sch.  Dist.  v.  Sch.  Dist.,  81  /  343. 

(4654)  SEC.  9.     The  inspectors  may,  in  their  discretion,  de-  £°8™|0°fs  to 
tach  the  property  of  any  person  or  persons  from  one  district  alter  districts. 
and  attach  it  to  another;  except  that  no  land  which  has  been 

taxed  for  building  a  school-house  shall  be  set  off  into  another 
school  district  for  the  period  of  three  years  thereafter,  except 
by  the  consent  of  the  owner  thereof;  and  no  district  shall  be 


16 


GENERAL    SCHOOL    LAWS. 


oTtax-Cayerst    Divided  into  two  or  more  districts  without  the  consent  of  a 
?o  beXob?a5ineSd.  majority  of  the  resident  tax-payers  of  said  district,  and  no  two 
or  more  districts  be  consolidated  without  the  consent  of  a  ma- 
jority of  the  resident  taxpayers  of  each  district. 

How.  5041.- 

People  v.  Davidson,  2  Doug.  121;  Brewer  v.  Palmer,  13  /  104.  See  Sch. 
Dist.  v.  Dean,  17  /  223.  Gentle  v.  Sch.  Inspectors,  73  /  45. 

DISSOLVING  DISTRICT:  The  school  inspectors  have  power  to  alter 
boundaries  of  districts,  and  attach  or  detach  persons,  to  or  from  any  dis- 
trict; but  no  power  is  anywhere  granted  to  them  to  disband,  dissolve  or 
destroy  a  district,  save  as  restricted  under  this  section.— Briggs  v.  Borden, 
71  /  90.  As  intimated  in  Doxey  v.  Inspectors,  67  /  604,  the  school  inspectors 
have  no  authority  to  divide  up  a  district  and  destroy  it,  without  the  con- 
sent of  a  majority  of  the  resident  taxpayers;  nor  can  they  destroy  it  by 
cutting  it  up  into  pieces  and  attaching  all  the  territory  to  other  districts 
without  such  consent.— Id.  The  terms  "dissolve"  and  "disband"  are  of 
similar  import  and  a  vote  taken  to  "disband"  is  supported  by  notice  of  a 
meeting  to  vote  upon  a  proposition  to  "dissolve."— Id. 

CONSENT  OF  OWNER:  Lands  taxed  within  three  years  for  building  a 
school-house,  not  to  be  set  off  into  another  district  without  the  consent  of 
the  owner.— Coulter  v.  Inspectors,  59  /  391. 

Persons  out  of       (4655)  SEC.  10.     The  inspectors  may  attach  to  a  school  dis- 
beSarttCac£ed      trict  any  person  residing  in  a  township,  and  not  in  any  organ- 
theretoin         [Zed.  district,  at  his  request;  and  for  all  district  purposes  ex- 
cept raising  a  tax  for  building  a  school-house,  such  person 
shall  be  considered  as  residing  in  such  district;  but  when  set 
off  to  a  new  district,  no  sum  shall  be  raised  for  such  person  as 
his  proportion  to  the  district  property. 

How.  5042. 

Township  cierk      (4656)  SEC.  11.     In  all  cases  where  an  alteration  of  the  boun- 

o?  alteration0    dapies  of  a  school  district  shall  be  made,  the  township  clerk 

in  districts.       shall,  within  ten  days,  deliver  to  the  director  of  each  district 

affected  by  the  alteration  a  notice  in  writing,  setting  forth 

the  action  of  the  inspectors  and  defining  the  alterations  that 

have  been  made. 


How.   5043. 


DIVISION     OF    PROPERTY. 


When  district 
is  divided, 
property  to  be 
apportioned. 


When  school 
bouse  or  site  is 
not  needed, 
may  be  sold. 


(4657)  SEC.  12.  When  a  new  district  is  formed,  in  whole 
or  in  part,  from  one  or  more  districts  possessed  of  a  school- 
house,  or  entitled  to  other  property,  the  inspectors,  at  the  time 
of  forming  such  new  district,  or  as  soon  thereafter  as  may  be,, 
shall  ascertain  and  determine  the  amount  justly  due  to  such 
new  district  from  any  district  out  of  which  it  may  have  been 
in  whole  or  in  part  formed,  as  the  proportion  of  such  new  dis- 
trict, of  the  value  of  the  school-house  and  other  property  be- 
longing to  the  former  district,  at  the  time  of  such  division; 
and  whenever  by  the  division  of  any  district,  the  school-house 
or  site  thereof  shall  no  longer  be  conveniently  located  for 
school  purposes,  and  shall  not  be  desired  for  use  by  the  new 
district  in  which  it  may  be  situated,  the  school  inspectors  of 
the  township  in  which  such  school-house  and  site  shall  be  lo- 
cated, may  advertise  and  sell  the  same,  and  apportion  the 
proceeds  of  such  sale,  and  also  any  moneys  belonging  to  the 


GENERAL    SCHOOL    LAWS.  17 

district  thus  divided,  among  the  several  districts  erected  in  Proceeds  of 
whole  or  in  part  from  the  divided  district.  apportioned. 

How.  5044. 

Saginaw  Twp.  v.  Sch.  Dist.,  9  /  541;  People  v.  Ryan,  19  /  203;  Ramsey  v. 
Everett  Twp.  Clerk,  52  /  344;  Sch.  Dist.  v.  Riverside  Twp.  67  /  404. 

NEW  DISTRICT:  The  township  board  has  jurisdiction  of  appeals  from 
decisions  or'  the  board  of  school  inspectors  fixing  the  amount  to  be  paid 
by  an  old  school  district  to  a  new  one,  where  the  latter  comprises  part  of 
the  same  territory  and  the  former  retains  the  school  property.— Pine  Sch. 
Dist.  v.  Wilcox,  48  /  404.  See  Section  4743  as  to  appeals.  Bill  to  prevent  the 
consummation  of  a  void  apportionment.— Sch.  Dist.  v.  Sch.  Dist.,  63  /  58. 
Bill  to  restrain  the  sale  of  the  school-house.— Briggs  v.  Borden,  71  /  87.  Upon 
the  formation  of  a  new  district  by  the  union  of  two  or  more,  the  new 
district  succeeds  to  the  credits  and  property  and  is  liable  for  the  debts  of 
the  old  ones.— Brewer  v.  Palmer,  13  /  104;  Halbert  v.  Districts,  36  /  421. 

(4658)  SEC.  13.     Such  proportion  shall  be  ascertained  and 
determined  according  to  the  value  of  the  taxable  property  of  cained 
the  respective  parts  of  such  former  district  at  the  time  of  the 
division,  by  the  best  evidence  in  the  power  of  the  inspectors; 

and  such  amount  of  any  debt  due  from  the  former  district, 
which  would  have  been  a  charge  upon  the  new,  had  it  remained 
in  the  former  district,  shall  be  deducted  from  such  propor- 
tion: Provided,,  That  no  real  estate  thus  set  off,  and  which  Proviso, 
shall  not  have  been  taxed  for  the  purchase  or  building  of  such 
school-house,  shall  be  entitled  to  any  portion  thereof,  nor  be 
taken  into  account  in  such  division  of  district  property. 

How.   5045. 

DEBTS  OF  OLD  DISTRICTS:  Where  the  territory  of  a  school  district  is 
absorbed  by  other  districts,  the  statute  contemplates  that  the  township 
board  of  school  inspectors  shall  make  an  equitable  adjustment  of  property 
and  debts,  so  as  to  apportion  them  fairly  among  the  districts  which  have 
succeeded  to  the  jurisdiction  of  that  which  has  been  divided.— Halbert  v. 
Sch.  Districts,  36  /  421.  Where  a  school  district  has  been  subdivided  and  other 
districts  set  off,  the  debts  of  the  original  district  cannot  be  parceled  out 
among  all  by  a  proceeding  in  the  courts,  so  as  to  give  creditors  a  remedy 
against  any  but  the  original  debtors.— Turnbull  v.  Alpena  Sch.  Dist.,  45  /  496; 
Maltz  v.  Board  of  Education,  41  /  547.  A  debt  once  existing  must  remain  a 
debt  against  the  corporation  that  created  it,  and  its  obligation  is  not  de- 
stroyed by  a  change  in  corporate  limits.  If  contribution  is  required,  it  must 
be  obtained  by  the  corporation  and  not  by  its  creditors,  unless  otherwise 
provided  by  law.— Turnbull  v.  Alpena  Sch.  Dist.,  45  /  499. 

DISTRICT    MEETINGS. 

(4659)  SEC.  14.     The  annual  meeting  of  each  school  district  ^wne 
shall  be  held  on  the  first  Monday  of  September  in  each  year,  ££001  yew  to 
and  the  school  year  shall  commence  on  that  day:     Provided,  C( 

That  any  school  district  that  shall  so  determine  at  an  annual  Proviso, 
meeting,  or  at  a  special  meeting  duly  called  for  that  purpose, 
may  hold  its  annual  meeting  on  the  second  Monday  of  July  in 
each  year,  or  in  the  same  manner  may  thereafter  change  the 
time  of  its  annual  meeting  to  the  first  Monday  in  September 
in  each  year,  and  the  trustees  and  officers  of  the  district  shall 
date  their  terms  of  office  from  the  date  so  chosen,  and  until 
their  successors  are  elected  and  qualified:  Provided  further,  Proviso. 
That  such  action,  in  either  case,  shall  not  change  the  time  of 
the  commencement  of  the  school  year,  or  the  taking  of  the  an- 
nual school  census. 

How.  5046.— Am.  1885,  p.  16;  App.  Mar.  17;  Eff.  Sept.  19;  Act.  22 
Farrell  v.  Sch.  Dist.,  98  /  45. 


18 


GENERAL  SCHOOL  LAWS. 


Special 
meetings. 


(4660)  SEC.  15.  Special  meetings  may  be  called  by  the  dis- 
trict board;  and  it  shall  be  the  duty  of  said  board,  or  any  one 
of  them,  to  call  such  meetings  on  the  written  request  of  not 
less  than  five  legal  voters  of  the  district,  by  giving  the  notice 

when  may  not  required  in  the  next  succeeding  section;  but  no  special  meet- 
ing shall  be  called  unless  the  business  to  be  transacted  may 

Business  of  to  lawfully  come  before  such  meeting,  and  no  business  shall  be 
transacted  at  a  special  meeting  unless  the  same  be  stated  in 
the  notice  of  said  meeting. 

How.  5047. 

NOTICE:  Liberal  rules  of  interpretation  must  be  applied  to  these  notices, 
and  if  they  be  such  as.  under  a  fair  construction,  to  give  notice  to  the 
electors  of  the  purpose  for  which  the  meetings  are  called,  they  must  be  held 
sufficient.— Peters  v.  Warren  Twp.,  98  /  55. 

SPECIAL  MEETING:  In  order  to  constitute  a  legal  school  meeting,  the 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice 
of  the  meeting  given.— Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402. 


be  stated  in 
notice. 


Notices  of 
meetings. 


(4661)  SEC.  16.  All  notices  of  annual  or  special  district 
meetings,  after  the  first  meeting  has  been  held  as  aforesaid, 
shall  specify  the  day  and  hour  and  place  of  meeting,  and  shall 
be  given  at  least  six  days  previous  to  such  meeting,  by  posting 
up  copies  thereof  in  three  of  the  most  public  places  in  the  dis- 
trict, one  copy  of  which  for  each  meeting  shall  be  posted  at 
the  outer  door  of  the  district  school-house,  if  there  be  one;  and 
in  case  of  any  special  meeting  called  for  the  purpose  of  estab- 
lishing or  changing  the  site  of  a  school-house,  such  notice  shall 
be  given  at  least  ten  days  previous  thereto:  Provided,  That 
when  any  of  the  district  board  shall  receive  a  request  to  call 
a  special  meeting,  as  provided  in  the  preceding  section,  he  shall 
forthwith  give  notice,  as  above  provided,  of  said  meeting, 
which  shall  be  called  in  not  less  than  six  nor  more  than  twelve 
days  from  the  time  the  said  officer  shall  receive  the  notice 
when  annual  aforesaid.  Xo  annual  meeting  shall  be  deemed  illegal  for  want 
of  due  notice,  unless  it  shall  appear  that  the  omission  to  give 
such  notice  was  wilful  and  fraudulent. 


Duty  of  dis- 
trict officer  to 
give  notice 


of  notice. 


How.  5048. 


Who  qualified 
to  vote  at 
school  meet- 
ings. 


(4662)  SEC.  17.  Every  citizen  of  the  age  of  twenty-one  years, 
who  has  property  assessed  for  school  taxes  in  any  school  dis- 
trict, and  who  has  resided  therein  three  months  next  preced- 
ing any  school  meeting  held  in  said  district,  or  who  has  re- 
sided three  months  next  preceding  such  meeting  on  any  terri- 
tory belonging  to  such  district  at  the  time  of  holding  said 
meeting,  shall  be  a  qualified  voter  in  said  meeting  upon  all 
questions,  and  all  other  citizens  who  are  twenty-one  years  of 
age,  and  are  the  parents  or  legal  guardians  of  any  children 
included  in  the  school  census  of  the  district,  and  who  have  for 
three  months  as  aforesaid,  been  residents  of  said  district  or 
upon  any  territory  belonging  thereto  at  the  time  of  holding 
any  school  meeting,  shall  be  entitled  to  vote  on  all  questions 
arising  in  said  district,  which  do  not  directly  involve  the  rais- 
ing of  money  by  tax. 


v™«£^4$&  p-  93'  App-  Mar-  S;  Eff-  Au%-  28=  Act  15- 

QUALIFIED  \OTER:    See  act  13S  of  1S93,  conferring  upon  women  the  right 


GENERAL    SCHOOL    LAWS. 


to  vote  for  all  "school,  village  and  city  officers,"  and  declared  unconstitu- 
tional in  Coffin  v.  Election  Com'rs.,  97  /  189.  The  constitution  of  1835,  as  well 
as  that  of  1850,  in  terms  authorized  the  legislature  to  construct  a  primary 
school  system  and  for  years  antedating  the  present  constitution  the  legisla- 
ture construed  a  similar  provision  as  conferring  the  power  to  determine 
the  qualifications  of  voters  for  district  school  officers.—  Coffin  v.  Election 
Com'rs.,  97  /  193;  Belles  v.  Burr,  76  /  1.  The  election  of  members  of  a  board 
of  education  at  the  annual  charter  election  does  not  make  such  an  election 
a  "school  district  meeting"  and  give  women  the  right  to  vote  thereat,  under 
the  provisions  of  this  section.—  Mudge  v.  Stebbins,  59  /  165. 

(4663)  SEC.  18.     If  any  person  offering  to  vote  at  a  school  challenging 
district  meeting  shall  be  challenged  as  unqualified  by  any  legal  V( 
voter  in  such  district,  the  chairman  presiding  at  such  meeting 

shall  declare  to  the  person  challenged  the  qualifications  of  a 

voter;  and  if  such  person  shall  state  that  he  is  qualified,  and 

the  challenge  shall  not  be  withdrawn,  the  chairman  shall  ten- 

der to  him  an  oath,  in  substance  as  follows  :    "You  do  swear  oaths  to  be 

(or  affirm)  that  you  are  a  citizen  of  the  United  States,  that  you  SjjJyjJuSJ" 

have  been  for  the  last  three  months  an  actual  resident  of  this 

school  district,  or  residing  upon  territory  now  attached  to 

this  school  district,  and  that  you  pay  a  school  district  tax 

therein;"  and  every  person  taking  this  oath  shall  be  permitted 

to  vote  upon  all  questions  proposed  at  such  meetings.    Or  he 

may  take  the  following  oath,  to  wit:    "You  do  swear  (or  affirm) 

that  you  are  a  citizen  of  the  United  States,  that  you  have  been 

for  the  last  three  months  an  actual  resident  of  this  school  dis- 

trict, or  residing  upon  property  now  attached  to  this  school 

district,  and  that  you  are  the  parent  or  legal  guardian  of  one 

or  more  children  now  included  in  the  school  census  of  the  dis- 

trict;" and  he  may  vote  upon  all  questions  which  do  not  di- 

rectly involve  the  raising  of  money  by  tax.    If  any  person  so 

challenged  shall  refuse  to  take  such  oath,  his  vote  shall  be  re- 

jected; and  any  person  who  shall  wilfully  take  a  false  oath,  False  oath 

or  make  a  false  affirmation,  under  the  provisions  of  this  sec-  JJSjuly. 

tion,  shall  be  deemed  guilty  of  perjury.    When  any  question  is 

taken  in  any  other  way  than  by  ballot,  a  challenge  immedi- 

ately after  the  vote  has  been  taken  shall  be  deemed  to  be  made 

when  offering  the  vote,  and  treated  in  the  same  manner. 

How.  5050.—  Am.  1895,  p.  556;  App.  June  3;  Eff.  Aug.  30;  Act  258. 
Belles  v.  Burr,  76  /  6. 

(4664)  SEC.  19.     If  at  any  district  meeting  any  person  shall 
conduct  himself  in  a  disorderly  manner,  and,  after  notice  from  Disorderly  Per- 
the  moderator  or  person  presiding,  shall  persist  therein,  the  me^ti^'toTe* 
moderator  or  person  presiding  may  order  him  to  withdraw  taken  into  cus- 
from  the  meeting,  and  on  his  refusal,  may  order  any  constable, 

or  other  person  or  persons,  to  take  him  into  custody  until  the 
meeting  shall  be  adjourned;  and  any  person  who  shall  refuse 
to  withdraw  from  such  meeting  on  being  'so  ordered  as  herein 
provided,  and  also  any  person  who  shall  wilfully  disturb  such 
meeting  by  rude  and  indecent  behavior,  or  by  profane  or  in- 
decent discourse,  or  in  any  other  way  make  such  disturbance, 
shall,  on  conviction  thereof,  be  punished  by  a  fine  not  less  than  Penalty  for 
two  nor  more  than  fifty  dollars,  or  by  imprisonment  in  the  m" 


GENERAL    SCHOOL    LAWS. 


Who  shall  have  county  jail  not  exceeding  thirty  days;  and  any  justice  of  the 
triaidicti°n  ni    peace,  recorder,  or  police  justice  of  the  township,  ward,  or  city 

where  such  offense  shall  be  committed,  shall  have  jurisdiction 

to  trv  and  determine  the  same. 


Powers  of 
qualified 
voters  at 
school  meet- 
ings. 


May  appoint  a 
chairman. 


May  adjourn. 


Elect  district 
officers. 

May  select  a 
site. 


To  direct  the 
purchasing  of 
sites. 


Vote  tax. 


Limit  of  tax. 


Impose  tax  for 
repairs. 


How.   5051. 

(4665)  SEC.  20.  The  qualified  voters  in  any  school  district 
when  lawfully  assembled  at  the  first  and  at  each  annual  meet- 
ing, or  at  an  adjournment  thereof,  or  at  any  special  meeting 
lawfully  called  except  as  hereinafter  provided,  shall  have 
power: 

First,  At  the  first  meeting  and  at  any  meeting  after  the  or- 
ganization of  the  district,  in  the  absence  of  the  moderator,  to 
appoint  a  chairman  for  the  time  being,  and  in  the  absence  of 
the  director  to  appoint  some  person  to  act  in  his  stead,  who 
shall  keep  a  minute  of  the  proceedings  of  such  meeting  and 
certify  the  same  to  the  director,  to  be  by  him  entered  in  the 
records  of  the  district; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  re- 
quire; 

Third,  To  elect  district  officers  as  herein  provided,  and  to 
determine  at  what  hour  the  annual  meeting  shall  be  held; 

Fourth,  To  designate,  as  hereinafter  provided,  a  site  or  such 
number  of  sites  as  may  be  desired  for  school-houses,  and  to 
change  the  same  when  necessary; 

Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites, 
lawfully  determined  upon;  the  building,  hiring  or  purchasing 
of  a  school-house  or  houses,  or  the  enlarging  of  a  site  or  sites 
previously  established ; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient, 
to  purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  pur- 
chase a  school-house  or  houses ;  but  the  amount  of  taxes  to  be 
raised  in  any  district  for  the  purpose  of  purchasing  or  building 
a  school-house  or  houses  in  the  same  year  that  any  bonded  in- 
debtedness is  incurred,  shall  not  exceed  in  districts  containing 
less  than  ten  children  between  the  ages  of  five  and  twenty 
years,  two  hundred  and  fifty  dollars;  in  districts  having  be- 
tween ten  and  thirty  children  of  like  age,  it  shall  not  exceed 
five  hundred  dollars;  and  in  districts  having  between  thirty  and 
fifty  children  of  like  age,  it  shall  not  exceed  one  thousand  dol- 
lars. No  legal  subdivision  of  land  shall  be  taxed  for  building 
a  school-house  unless  some  portion  thereof  shall  be  within 
two  and  one-half  miles  of  said  school-house  site; 

Seventh,  To  impose  such  tax  as  shall  be  necessary  to  keep 
their  school-house  or  houses  in  repair,  and  to  provide  the  neces- 
sary appendages  and  school  apparatus,  and  in  districts  having 
district  libraries,  for  the  support  of  the  same,  and  to  pay  and 
discharge  any  debts  or  liabilities  of  the  district  lawfully  in- 
curred, and  also  to  pay  for  the  services  of  any  district  officer. 
The  tax  herein  authorized  to  be  voted  shall  not  exceed  one- 
half  of  the  amount  which  the  district  is  authorized  to  raise 
for  building  school-houses; 


GENERAL    SCHOOL    LAWS.  21 

Eighth,  To  authorize  and  direct  the  sale  of  any  school-house,  Direct  sale  of 
site,  building-  or  other  property  belonging  to  the  district,  when  site0011 
the  same  shall  no  longer  be  needed  for  the  use  of  the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions  as  Give  direction 
they  shall  deem  necessary  in  relation  to  the  prosecution  or  suitelat 
defense  of  any  suit  or  proceeding  in  which  the  district  may 
be  a  party,  or  interested; 

Tenth,  To  appoint,  as  in  their  discretion  it  may  be  neces-  Appoint  buiid- 
snry,  a  building  committee  to  perform  such  duties  in  supervis-  mgc< 
ing  the  work  of  building  a  school-house  as  they  may  by  vote 
direct; 

Eleventh,  At  the  first  and  the  annual  meeting  only,  to  do-  SSSJS*^ 
termine  the  length  of  time  a  school  shall  be  taught  in  their  sSiibe  taught, 
district  during  the  ensuing  year,  which  shall  not  be  less  than 
nine  months  in  districts  having  eight  hundred  children  over 
five  and  under  twenty  years  of  age,  and  not  less  than  five 
months  in  all  other  districts,  on  pain  of  forfeiture  of  their 
share  of  the  primary  school  interest  fund;  but  in  case  such 
matters  shall  not  be  determined  at  the  first  or  annual  meet- 
ing, the  district  board  shall  determine  the  same;  and  in  case 
the  district  fails  to  vote  for  at  least  the  minimum  length  re- 
quired herein,  the  district  board  shall  make  provisions  for 
said  minimum  length  of  school; 

Twelfth,  To  appropriate  any  surplus  moneys  arising  from 
the  one  mill  tax  after  having  maintained  a  school  in  the  dis- 
trict  at  least  eight  months  in  the  school  year,  for  the  purpose  tain  PurP°ses- 
of  purchasing  and  enlarging  school  sites,  or  for  building  or 
repairing  school-houses  or  for  purchasing  books  for  library, 
globes,  maps  and  other  school  apparatus,  or  for  any  incidental 
expenses  of  the  school. 

How.  5052.— Am.  1895,  p.  93;  App.  Mar.  8;  Eff.  Aug.  30;  Act  15.  Powers  of 

Moiles  v.   Watson,   60  /  415.  voters  at  an- 

FOURTH:    See  Section  4728  as  to  designation  of  school  sites.  nual  meetings. 

FIFTH:  A  school  district,  contracting  for  the  building  of  a  school-house 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within 
such  reasonable  time  that  the  contractors  shall  not  be  delayed  on  their 
part.— Todd  v.  Sch.  Dist,  40  /  294.  Sureties  upon  a  bond  for  the  performance 
of  a  contract  are  released  by  an  assignment  of  the  contract  and  the  grant 
of  an  extension  of  time  to  the  contractors.— Id. 

SIXTH:  A  school  district  in  its  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims  even  though  they  are  not  strictly  legal  demands 
against  it.— Stockdale  v.  School  Dist.  47  /  226.  The  provision  that  no  land  shall 
be  taxed  for  the  building  of  school-houses,  unless  some  portion  thereof  shall 
be  within  2%  miles  of  the  school-house  site,  does  not  apply  to  a  graded  school 
district.— Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  437. 

SEVENTH:  Publishing  House  v.  Sch.  Dist.,  94  /  265.  The  word  "append- 
age" does  not  mean  simply  the  apparatus  to  be  used  inside*  or  the  building, 
nor  is  it  limited  to  brooms,  pails,  cups,  etc.,  but  must  be  construed  to  include 
fuel,  fences  and  necessary  out-houses.— Creager  v.  Sch.  Dist.,  62  /  108.  A 
director  has  authority,  in  the  exercise  of  a  second  discretion,  to  buy  new 
seats  for  a  school-house  under  a  resolution  "to  fit  up  the  school-house  for 
the  winter  term."— McLaren  v.  Akron  Town  Board,  48  /  190.  Equitable 
claims.— See  note  to  subdivision  Sixth.  Certain  charts.,  etc.,  held  not  to  be 
necessary  appendages,  such  as  the  director  is  required  to  furnish.— Gibson 
v.  Sch.  Dist..,  36  /  404;  Publishing  House  v.  Sch.  Dist.,  94  /  265.  A  school  dis- 
trict has  no  power  to  levy  a  tax  except  for  the  purposes  specified  by  stat- 
ute.—Hinman  v.  Sch.  Dist.,  4  /  168.  See  Section  4686,  subdivision  6. 

ELEVENTH:  Tappan  v.  Sch.  Dist.,  44  /  500.  The  district  board  has  power 
to  contract  with  a  qualified  teacher  for  such  term  during  the  ensuing  year 
as  shall  be  determined  by  the  qualified  voters  of  the  district  at  the  annual 
school  meeting.— Cleveland  v.  Amy,  88  /  374;  Moiles  v.  Watson  60  /  417 

TWELFTH:    Gibson  v.   Sch.   Dist.,   36  /  404;   Publishing  Co.   v.   Sch  '  Dist 


22 


GENERAL    SCHOOL    LAWS. 


tnct  officers. 


CHAPTER    III.—  DISTRICT    BOARD    AND    OFFICERS. 

(4666)  SECTION  1.  At  the  first  meeting  in  each  school  dis- 
trict  there  shall  be  elected  by  ballot  a  moderator  for  the  term 
Q^  ^hrec  years?  a  director  for  two  years,  and  an  assessor  for 
one  year;  and  on  the  expiration  of  their  respective  terms  of 
office,  and  regularly  thereafter  at  the  annual  meetings,  their 
several  successors  shall  be  elected  in  like  manner  for  a  term 
Term  of  office,  of  three  years  each.  The  time  intervening  between  the  first 
meeting  in  any  school  district  and  the  first  annual  meeting 
thereafter  shall  be  reckoned  as  one  year. 

How.   5053. 

OFFICERS:  The  officers  of  a  primary  school  district  consist  of  a  modera- 
tor director  and  assessor.  These  offices  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have, 
therefore,  neither  common  law  power,  nor  rights,  but  are  strictly  confined 
to  such  a's  are  conferred  upon  them  by  statute;  and  as  no  compensation  for 
their  official  services  has  been  provided  [as  the  law  stood  prior  to  1859]  or 
in  any  manner  authorized  by  statute,  none  can  be  legally  claimed  or  recov- 
ered.— Hinman  v.  Sch.  Dist.,  4  /  168.  The  provisions  relative  to  the  election  of 
school  district  officers  by  ballot  are  mandatory;  but  where  they  were  unan- 
imously chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  and 
acted  and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dis- 
missed.— People  v.  Gartland,  75  /  143.  Parol  evidence  is  admissible  to  show 
who  are  the  district  officers.—  Crane  v.  Sch.  Dist.,  61  /  299. 

BALLOT:  All  ballots  cast  under  statutory  requirements  are  formal  and 
final,  if  there  is  an  election,  and  cannot  be  repeated.  There  can  be  no  "in- 
formal" ballot.—  People  v.  Stone,  78  /  635;  Sch.  Dist.  v.  Root,  61  /  373. 


when  district 


Vacancies  in 
offices,  how 
filled. 


Term  of  office 
of  appointed 
fficer. 


(4667)  SEC.  2.     A  school  district  office  shall  become  vacant 
upon  the  occurrence  of  any  of  the  following  events: 

First,  The  death  of  the  incumbent; 

Second,  His  resignation; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared' void  by  a 
competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law. 

How.  5054. 

(4668)  SEC.  3.     In  case  any  one  of  the  district  offices  be 
conies  vacant,  the  two  remaining  officers  shall  immediately  fill 
such  vacancy;  or  in  case  two  of  the  offices  become  vacant,  the 
remaining  officer  shall  immediately  call  a  special  meeting  of 
the  district  to  fill  such  vacancies;  in  case  any  vacancy  is  not 
filled  as  herein  provided  within  twenty  days  after  it  shall  have 
occurred,  or  in  case  all  the  offices  in  a  district  shall  become 
vacant,  the  board  of  school  inspectors  of  the  township  to  which 
the  annual  reports  of  such  district  are  made  shall  fill  such  va- 
cancies.   Any  person  elected  or  appointed  to  fill  a  vacancy  in 
a  district  office  shall  hold  such  office  until  the  next  succeed- 
ing annual  meeting,  at  which  time  the  voters  of  the  district 
shall  fill  such  office  for  the  unexpired  portion  of  the  term. 

How.  5055. 


.GENERAL    SCHOOL     LAWS.  23 


(4009)  SEC.  4     Any  qualified  voter  in  a  school  district   whose 
name  appears  upon  the  assessment  roll,  and  is  the  owner  in  his  Jofd  office. 
own  right  of  the  property  so  assessed,  shall  be  eligible  to  election 
or  appointment  to  office  in  such  school  district,  unless  such  person 
be  an  alien. 

NOTE—  Italics  indicate  portion  amended  by  Act  No.  134.  Public  Acts  of  1899. 

(4670)  SEC.  5.    Within  ten  days  after  their  election  or  ap- 
pointment, the  several  officers  of  each  school  district  shall 
file  with  the  director  written  acceptances  of  the  offices  to  which 
they  have  been  respectively  elected  or  appointed,  and  such  ac-  fi'ed 
ceptances  shall  be  entered  in  the  records  of  the  district  by  said 
director. 

How.  5057. 

(4671)  SEC.  6.     The  moderator,  director,  and  assessor  shall 
constitute  the  dfstrict  board.    Meetings  of  the  board  may  be 
called  by  any  member  thereof  by  serving  on  the  other  mem- 
bers  a  written  notice  of  the  time  and  place  of  such  meeting  at  called- 
least  twenty-four  hours  before  such  meeting  is  to  take  place; 

and  no  act  authorized  to  be  done  by  the  district  board  shall  Necessity  of 
be  valid  unless  voted  at  a  meeting  of  the  board.    A  majority 
of  the  members  of  the  board  at  a  meeting  thereof  shall  be 
necessary  for  the  transaction  of  business.  board. 

How.  5058. 

A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board  — 
Hazen  v.  Lerche,  47  /  626. 

(4672)  SEC.  7.     The  said  district  board  shall  purchase  a  rec-  Board  to 
ord  book  and  such  other  books,  blanks,  and  stationery  as  may  Jec 

be  necessary  to  keep  a  record  of  the  proceedings  of  the  district  etc- 
meetings  and  of  meetings  of  the  board,  the  accounts  of  the  as- 
sessor, and  for  doing  the  business  of  the  district  in  an  orderly 
manner. 

How.  5039. 

Before  the  enactment  of  this  provision  it  was  held  that  the  board  had 
authority  to  purchase,  at  the  expense  of  the  district,  record  books,  blanks 
and  paper  necessary  for  the  use  of  the  district  in  keeping  the  records  re- 
quired by  law,  without  any  vote  of  the  district  therefor.—  Sch.  Dist.  v.  Snell 
24  /  353. 

(4673)  SEC.  8.     The  district  board  shall  purchase  or  lease,  Board  to 

in  the  corporate  name  of  the  district,  such  sites  for  school-  J5?i«?b!S* 

houses  as  shall  have  been  lawfully  designated,  and  shall  build,  etc6',  school"  c 

hire,  or  purchase  such  school-houses  as  may  be  necessary  out  house" 

of  the  fund  provided  for  that  purpose,  and  make  sale  of  any 

site  or  other  property  of  the  district  when  lawfully  directed  Necessity  of 

by  the  qualified  voters;  but  no  district  in  any  case  shall  build 

a  stone  or  brick  school-house  upon  any  site  without  having  building 

first  obtained  a  title  in  fee  to  the  same,  or  a  lease  for  ninety-  ' 

nine  years;  nor  shall  any  district  build  a  frame  school-house 

on  any  site  for  which  they  have  not  a  title  in  fee  or  a  lease  for 

fifty  years,  without  securing  the  privilege  of  removing  the 

said  school-house  when  lawfully  directed  so  to  do  by  the  quali- 


24 


GENERAL  SCHOOL  LAWS. 


fled  voters  of  the  district  at  any  annual  or  special  meeting, 
when  lawfully  convened. 

How.   5060. 

TITLE  IN  FEE:  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law.— Sch.  Dist.  v.  Everett,  52  /  314. 


Board  to 
estimate  tax 
for  support 
of  schools. 


Limit  of  tax  in 
certain  cases. 


When  board 
may  borrow 
money. 


(4674)  SEC.  9.  It  shall  be  the  duty  of  the  district  board  to 
estimate  the  amount  necessary  to  be  raised,  in  addition  to 
other  school  funds,  for  the  entire  support  of  such  schools,  in- 
cluding teachers'  wages,  fuel,  and  other  incidental  expenses, 
and  for  deficiencies  of  the  previous  year  for  such  purposes. 
But  in  districts  having  less  than  thirty  scholars,  such  estimate, 
including  the  district's  share  of  the  primary  school  interest 
fund  and  one-mill  tax,  shall  not  exceed  the  sum  of  fifty  dol- 
lars a  month  for  the  period  during  which  school  is  held  in  such 
district;  and  when  such  amount  has  been  estimated  and  voted 
by  the  district  board,  it  shall  be  reported  for  assessment  and 
collection,  the  same  as  other  district  taxes.  When  a  tax  has 
been  estimated  and  voted  by  the  district  board  under  the  pro- 
visions of  this  section,,  and  is  needed  before  it  can  be  col- 
lected, the  district  board  may  borrow  to  an  amount  not  exceed- 
ing the  amount  of  said  tax. 

How.  5061. 


Board  to  report  (4675)  SEC.  10.  The  district  board  shall,  between  the  first 
townsChYpacfeSrk°  and  third  Mondays  in  September  in  each  year,  make  out  and 
deliver  to  the  township  clerk  of  each  township  in  which  any 
part  of  the  district  is  situated,  a  report  in  writing  under  their 
hands  of  all  taxes  voted  by  the  district  during  the  preceding 
year,  and  of  all  taxes  which  said  board  is  authorized  to  impose, 
to  be  levied  on  the  taxable  property  of  the  district. 

How.  5062. 

Board  to  (4676)  SEC.  11.     The  district  board  shall  apply  and  pay  over 

ac?ordhi0gneys    a11  school  moneys  belonging  to  the  district,  in  accordance  with 
to  law.  the  provisions  of  law  regulating  the  same,  and  no  money  raised 

by  district  tax  shall  be  used  for  any  other  purpose  than  that 
for  which  it  was  raised,  without  a  consenting  vote  of  two- 
thirds  of  the  tax-paying  voters  of  the  district;  and  no  moneys 
received  from  the  primary  school  interest  fund,  nor  from  the 
one-mill  tax  except  as  provided  by  law  shall  be  appropriated 
to  any  other  use  than  the  payment  of  teachers'  wages,  and  no 
part  thereof  shall  be  paid  to  any  teacher  who  shall  not  have  re- 
ceived a  certificate  of  qualification  from  proper  legal  authority 
sectarian         before  the  commencement  of  his  school.     No  school  district 
frcom°iubiaicred    sna11  appty  any  of  the  moneys  received  by  it  from  the  primary 
moneys.  school  interest  fund,  or  from  any  and  all  other  sources,  for  the 

support  and  maintenance  of  any  school  of  a  sectarian  charac- 


GENERAL    SCHOOL    L>!£fc£.  25 


ter,  whether  the  same  be  under  the  control  of  any  religious  so- 
ciety, or  made  sectarian  by  the  school  district  board. 

Proo'f  of  qualification.— Sch.  Dist.  v.  Cook,  47  /  112. 

(4677)  SEC.  12.     Said  board  shall  present  to  the  district,  at  Board  to  make 
each  annual  meeting,  a  report  in  writing,  containing  an  ac-  conteitseof°rt 
curate  statement  of  all  moneys  of  the  district  received  by  them, 

or  any  of  them,  during  the  preceding  year,  and  of  the  disburse- 
ments made  by  them,  with  the  items  of  such  receipts  and  dis- 
bursements. Such  report  shall  also  contain  a  statement  of  all 
taxes  assessed  upon  the  taxable  property  of  the  district  dur- 
ing the  preceding  year,  the  purposes  for  which  such  taxes  were 
assessed,  and  the  amount  assessed  for  each  particular  purpose, 
and  said  report  shall  be  entered  by  the  director  in  the  records 
of  the  district. 

How.  5064. 

(4678)  SEC.  13.     The  district  board  shall  hire  and  contract  Board  to  hire 
with  such  duly  qualified  teachers  as  may  be  required;  and  all  t€ 
contracts  shall  be  in  writing  and  signed  by  a  majority  of  the 

board  on  behalf  of  the  district.    Said  contracts  shall  specify  contracts, 
the  wages  agreed  upon  and  shall  require  the  teacher  to  keep  a  school  register 
correct  list  of  the  pupils,  and  the  age  of  each,  attending  the  tc 
school,  and  the  number  of  days  each  pupil  is  present,  and  to 
furnish  the  director  with  a  correct  copy  of  the  same  at  the 
close  of  th£  school.    Said  contract  shall  be  filed  with  the  di- 
rector,  and  a  duplicate  copy  of  the  contract  shall  be  furnished 
to  the  teacher.    No  contract  with  any  person  not  holding  a 
legal  certificate  of  qualification  then  authorizing  such  person  certificate, 
to  teach  shall  be  valid,  and  all  such  contracts  shall  terminate, 
if  the  certificate  shall  expire  by  limitation  and  shall  not  im- 
mediately be  renewed,  or  if  it  shall  be  suspended  or  revoked 
by  proper  legal  authority.    A  school  month  within  the  mean-  d 
ing  of  the  school  laws  shall  consist  of  four  weeks  of  five  days 
in  each  week,  unless  otherwise  specified  in  the  teacher's  con- 
tract. 

How.   5065. 

HIRE  AND  CONTRACT:  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract.— Wall  v.  Eastman,  1  /  270.  A  teacher  can  be  law- 
fully employed  only  by  convening  the  board.— Hazen  v.  Lerche,  47  /  626.  Con- 
tracts may  be  made  before  the  beginning  of  the  school  year.— Sch.  Dist.  v. 
Cook,  47  /  112;  Tappan  v.  Sch.  Dist.,  44  /  500;  Cleveland  v.  Amy,  88  /  376; 
Farrell  v.  Sch.  Dist.,  98  /  45.  The  power  to  employ  teachers  conferred  upon 
district  boards  of  primary  schools  by  this  section  is  co-extensive  with  that 
conferred  upon  the  boards  of  trustees  of  graded  schools  by  section  4748.— Id. 
376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the  moder- 
ator wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such  approval 
and  signature  was  treated  as,  in  legal  effect,  a  signing  of  the  contract.— 
Everett  v.  Sch.  Dist.,  30  /  249.  When  the  contract  is  signed  by  a  majority 
of  the  board  only.— Crane  v.  Sch.  Dist.,  61  /  299.  Simultaneous  signing  is  not 
necessary.— Holloway  v.  Sch.  Dist.,  62  /  155;  Everett  v.  Sch.  Dist.,  30  /  249. 
It  is  the  business  of  school  districts  to  keep  up  public  schools,  and  It  is 
the  duty  of  the  officers  to  provide  teachers  and  to  make  contracts  with  them. 
It  is  their  duty  to  know  under  what  conditions  a  teacher,  whom  they  know 
to  be  teaching,  claims  to  act.— Holloway  v.  Sch.  Dist.,  62  /  155.  A  teacher 
has  a  right  to  suppose  his  contract  to  be  a  valid  one  when  it  is  signed  by  a 
sufficient  number  of  officers  and  he  is,  with  the  personal  knowledge  of  the 
whole  board,  permitted  and  encouraged  to  go  on.— Id.  156.  A  contract  valid 
on  its  face,  actually  carried  out  in  full  with  the  acquiescence  of  all  concerned, 
cannot  be  subsequently  repudiated.— Id.  The  provision  that  the  contract 
4 


\KRAL    SCHOOL    LAWS. 


sh.Ul  ivquiro  the  teacher  to  Keep  a  list  of  the  pupils,  etc.,  Is  merely  directory. 
Its  omission  will  not  invalidate  the  contract.— Everett  v.  Sch.  Dist.,  SO  /  249. 
A  district  school  hoard  cannot  discharge  a  teacher  for  Inoompetency,  in  the 

absence  of  a  provision  to  that  ctYcct   in  tho  contract. --Carver  v.  Sch.  Ptst..  71 


will   not  He  to  review    the 

claimed  under  the  contract. - 

profort  of  his  certificate,  hi 
:v.:.  proper  otlice  ^see  How. 
holds  no  lcR.il  certificate.*^ 

HOI. I  HAYS  AND  INTE 
P<  rit  ds,  are  subject  ti.  the  < 
be  no  deductions  for  such  <. 
Gage,  SI  /  *S4;  Hollow 

. ...     ,  •  (  \ ..  l<  nee   of  smallpox 


has  been  terminated  by  the  board,  mandamus 
board's  action  and  compel  pa\ment  of  salary 
rotttn  v.  IVtn.it  1U1.  of  Kd..  Sept.  11 
A  teacher  sninj?  for  his  wages  need  not  make 
t  the  granting  Of  it  may  be  proved  by  parol.— 
formal  school  certificate  not  tiled  or  recorded  in 
•iMO  until  after  contract  made.— Smith  v.  Sch. 
nte  makes  Invalid  a  contract,  where  the  teacher 
•h  contract  cannot  be  made  the  basis  of  a  recov- 
.  l>ist..  n  N.  \v.  71. 

.".ONS:    Teaching    contracts    for    stated 
ce  of  recognized  holidays  and  there  can 
<n  a   teacher's  wages. — Sch.   Pist.  v. 
Sch.   l>ist..  62  /  156.    Suspension  of  school   during 
is  no  defense  to  the  payment   of  the  teacher's 


vnfe*  »«Ufe 

m*tiaf**t 


wages  for  the  time  the  school  Is  closed.— Dewey  v.  Sch.  Dist.,  48  /  4SO.  Pay- 
ment of  wagea  after  the  burning  of  the  school-house.— Smith  v.  Sch.  Dist., 
u:  .v. 

WAGES  NOT  GARN1SHABLE:    A.  teacher's  wagea  cannot  be  reached  by 
garnishment— Soh,  Dist.  v.  Gage,  48/484. 

1 1(>70)  Si:r.  14.  The  district  board  shall  have  the  care  and 
et MhooihoQw.  custody  of  tho  school-house  and  other  property  of  the  district, 
H  opt  so  far  as  the  same  shall  by  vote  of  the  district  be  espe- 
cially confided  to  the  custody  of  tho  director,  including  all 
books  purchased  for  the  use  of  indigent  pupils,  and  shall  open 
the  school  house  for  public  meetings  unless  by  a  vote  at  a  dis- 
trict meeting  it  shall  be  determined  otherwise:  Provided, 
That  said  board  may  exclude  such  public  meetings  during  the 
five  school  days  of  each  week  of  any  and  all  school  terms,  or 
such  parts  thereof  as  in  their  discretion  they  may  deem  for  the 
best  interest  of  the  schools. 

How.  5066. 

The  board  has  the  care  and  custody  of  all  the  property  and  moneys  of  the 
x  cent  what  may  be  especially  confided  to  the  director.— Maynard  v. 

v4i»SO»  Baa  15.  The  district  board  shall  specify  the  studies 
to  be  pursued  in  the  schools  of  the  district  [districts],  and  in 
addition  to  the  branches  in  which  instruction  is  now  required 
by  law  to  be  given  in  the  public  schools  of  the  state,  instruc- 
tion shall  be  given  in  physiology  and  hygiene,  with  a  special 
reference  to  the  nature  of  alcohol  and  narcotics,  and  their  ef- 

-  upon  the  human  system.  Such  instruction  shall  be  given 
by  the  aid  of  text-books  in  the  case  of  pupils  who  are  able  to 
read,  and  as  thoroughly  as  in  other  studies  pursued  in  the 
same  school.  The  text-books  to  be  used  for  such  instruction 
shall  give  at  least  one-fourth  of  their  space  to  the  considera- 
tion of  the  nature  and  effects  of  alcoholic  drinks  and  narcot  ics. 
and  the  books  used  in  the  highest  grade  of  graded  schools  shall 
contain  at  least  twenty  pages  of  matter  relating  to  this  snb- 
>ooks  used  in  giving  tho  foregoing  instructions 
shall  first  be  approved  by  the  state  board  of  education.  Fach 

ol  board  making  a  selection  of  text -books  under  the  provis- 
;ons  of  this  act  shall  make  a  record  thereof  in  their  proceed 
and  text-books  once  adopted  under  the  provisions  of  this 

shall  not  be  changed  within  live  i  \cepi  by  the  con- 

.  of  a  majority  of  the  qualified  voters  of  the  district 
ent  at  an  annual  meeting,  or  at   a  special  meeting  called  for 


Kxv-d  :o 

sr- ' 


GENERAL    SCHOOL    LAWS.  27 


that  purpose.    The  district  board  shall  require  each  teacher  Board  to 

in  the  public  schools  of  such  district,  before  placing  the  school  Kq<£rt1iy!eto.er 

register  in  the  hands  of  the  directors  [director],  as  provided 

in  section  thirteen  of  this  act,  to  certify  therein  whether  or 

not  instruction  has  been  given  in  the  school  or  grade  presided 

over  by  such  teacher,  as  required  by  this  act,  and  it  shall  be 

the  duty  of  the  director  of  the  district  to  file  with  the  township 

clerk  a  certified  copy  of  such  certificate.     Any  school  board 

neglecting  or  refusing  to  comply  with  any  of  the  provisions 

of  this  act  shall  be  subject  to  fine  or  forfeiture  the  same  as  for 

neglect  of  any  other  duty  pertaining  to  their  office.    This  act 

shall  apply  to  all  schools  in  the  state,  including  schools  in 

cities  or  villages,  whether  incorporated  under  special  charter 

or  under  the  general  laws. 

How.  5067.— Am.  3883,  p.  89;  App.  May  16;  Eff.  Sept.  8;  Act  93.— Am.  1887,  p. 
175;  App.  June  9;  Eff.  Sept.  28;  Act  163. 

Western  Pub.  House  v.  Son.  Dlst.,  94  /  265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an 
annual  school  meeting.— Jones  v.  Board  of  Ed.  of  Detroit,  88  /  373.  The  power 
to  adopt  text-books  is  conferred  by  law  and  cannot  be  affected  by  any  rule  of 
the  board  of  education  fixing  a  time  for  the  reconsideration  of  motions  and 
resolutions.— Id.  347.  As  to  suspension  of  by-law  regulating  adoption  of  text- 
book, see  Kendall  v.  Board  of  Education,  64  N.  W.  745. 

(4G81)  SEC.  16.     The  district  board  may  purchase  at  the  ex-  Purchase  of 
pense  of  the  district,  such  text-books  as  may  be  necessary  for  children^  P°°T 
the  use  of  children  when  parents  are  not  able  to  furnish  the 
same,  and  they  shall  include  the  amount  of  such  purchase  in 
the  report  to  the  township  clerk  or  clerks,  to  be  levied  in  like 
manner  as  other  district  taxes. 

How.  5068. 

(4682)  SEC.  17.     The  district  board  shall  have  the  general  Board  to 
care  of  the  school,  and  shall  make  and  enforce  suitable  rules 
and  regulations  for  its  government  and  management,  and  for 
the  preservation  of  the  property  of  the  district.     Said  board  May  suspend 
may  authorize  or  order  the  suspension  or  expulsion  from  the 
school,  whenever  in  its  judgment  the  interests  of  the  school 
demand  it,  of  any  pupil  guilty  of  gross  misdemeanor  or  persist- 
ent disobedience.    Any  person  who  shall  disturb  any  school  Penalty  for 
by  rude  and  indecent  behavior,  or  by  profane  or  indecent  dis-  "8 

course,  or  in  any  other  way  make  such  disturbance,  shall,  on 
conviction  thereof,  be  punished  by  a  fine  not  less  than  two 
nor  more  than  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  thirty  days. 

How.  •  5069. 

EXPULSION:  It  is  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
before  he  can  be  suspended  or  expelled  from  school  He  must  be  gu  1  tv  of 
some  wilful  or  malicious  act  of  detriment  to  the  school  and  the  mifconduct 
must  be  gross— something  more  than  a  petty  or  trivial  offense  atrairmt  th« 
ru  es-or  he  must  be  persistent  in  his  disobedience  of  the  proSe?  a?d  rlason- 
able  rules  and  regulations  of  the  school.  A  boy  cannot  be  expefled  or  lus- 

&&EL&3S3ft  let  ^s?3^^  6hO°9W  negUgeiU'   lf  U  iS   n0t   WlIfUl   °r 

MISDEMEANOR:    The  meaning  of  the  word  "misdemeanor"  in  this  section 

HofmaSn  O" 


•GENERAL    SCHOOL    LAWS. 


Who  can 
attend  school. 

No  separate 
school  on 
account  of 
race,  etc. 
Grading 
/not  prevented. 


District  boards 
may  admit 
non-residerit 
pupils  and 
make  rates 
of  tuition. 


Childrenlwho 
;are  a  county 
charge  to  be 
admitted  the 
same  asn^n- 
resident^pu- 


(4683)  SEC.  18.     All  persons  residents  of  any  school  district, 
and  five  years  of  age,  shall  have  an  equal  right  to  attend  any 
school  therein;  and  no  separate  school  or  department  shall  be 
kept  for  any  persons  on  account  of  race  or  color:    Provided, 
That  this  shall  not  be  construed  to  prevent  the  grading  of 
schools  according  to  the  intellectual  progress  of  the  pupil,  to 
be  taught  in  separate  places  as  may  be  deemed  expedient. 

How.    5070. 

It  is  the  requirement  of  the  general  law  that  the  right  to  attend  the  schools 
shall  be  possessed  equally  and  impartially  by  all  classes  of  residents.— People 
v.  Detroit  Bd.  of  Ed.,  18  /  413.  And  mandamus  will  lie  at  the  instance  of  a 
father  to  compel  the  admission  of  his  child  to  school. — Id. 

(4684)  SEC.  19.     The  district  board  may  admit  to  the  dis- 
trict school  non-resident  pupils,  and  may  determine  the  rates 
of  tuition  of  such  pupils  and  collect  the  same,  which  tuition 
shall  not  be  greater  than  fifteen  per  cent  more  than  the  aver- 
age cost  per  capita  for  the  number  of  pupils  of  school  age  in 
the  district.    Children  who  are  being  cared  for  at  county  ex- 
pense shall  be  admitted  to  the  school  in  the  district  whose 
school-house  is  nearest  the  county  house,  on  the  same  terms 
that  other  non-resident  pupils  are  admitted.     When  non-resi- 
dent pupils,  their  parents  or  guardians,  pay  a  school  tax  in  said 
district,  such  pupils  shall  be  admitted  to  the  schools  of  the  dis- 
trict, and  the  amount  of  such  school  tax  shall  be  credited  OH 
their  tuition  a  sum  not  to  exceed  the  amount  of  such  tuition, 
and  they  shall  only  be  required  to  pay  tuition  for  the  differ- 
ence therein. 

How.  5071.— Am.  1891,  p.  20;  App.  Apr.  2;  Eff.  Oct.  2;  Act  21.— Am.  1895,  p.  261; 
App.  May  10;  Eff.  Aug.  30;  Act  131. 

TUITION:  Before  any  action  can  be  maintained  for  the  tuition  of  non-resi- 
dent pupils,  the  district  board  must  first  fix  and  determine  the  rate  of  tuition 
of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the  director 
in  the  records  of  the  district.— Thompson  v.  Sch.  Dist.,  25  /  483. 

MODERATOR. 


Moderator, 
To  preside. 


To  countersign 
warrants  and 
orders. 


To  bring  suit 
on  assessor's 
bond. 


-Other  duties. 


(4685)  SEC.  20.  It  shall  be  the  duty  of  the  moderator  of 
each  school  district: 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis- 
trict and  of  the  board; 

Second,  To  countersign  all  orders  legally  drawn  by  the  di- 
rector upon  the  assessor  for  moneys  to  be  disbursed  by  the 
district,  and  all  warrants  of  the  director  upon  the  township 
treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  assessor's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 

How.  5072. 

SECOND:  Countersigning  orders.— Wall  v.  Eastman,  1/268;  Sch.  Dist.  v. 
Mallary,  22  /  111.  The  moderator  has  the  right  to  satisfy  himself  that  the 
claim  for  which  the  order  was  drawn  is  a  valid  one.— Stockwell  v.  White 
Lake  Twp.  Bd.,  22  /  341;  People  v.  Bender,  36  /  195.  But  it  must  be  a  very 
plain  case  of  wrong,  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds.— People  v.  Bender,  36  /  197.  The  director  is  a  proper 
relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id. 


GENERAL    SCHOOL    LAWS. 


DIRECTOR. 

(4686)  SEC.  21.     It  shall  be  the  duty  of  the  director  of  each 

i  •«•••« 

school  district: 

First.  To  act  as  clerk,  when  present,  at  all  meetings  of  the  TO  keep  and 

,.    ,    .     ,  ,       .  , ,        ,  V  record  minutes. 

district  and  of  the  board; 

Second,  To  record  the  proceedings  of  all  district  meetings, 
and  the  minutes  of  all  meetings,  orders,  resolutions,  and  other 
proceedings  of  the  board,  in  proper  record  books; 

Third,  To  give  the  prescribed  notice  of  the  annual  district  TO  draw  and 
meeting,  and  of  all  such  special  meetings  as  he  shall  be  re-  udordei* 
quired  to  give  notice  of  in  accordance  with  the  provisions  of 
law; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk,  payable  to  the  as- 
sessor of  the  district,  and  orders  upon  the  assessors  for  all 
moneys  to  be  disbursed  by  the  district  and  present  them  to 
the  moderator,  to  be  countersigned  by  that  officer.  Each  order 
shall  specify  the  object  for  which,  and  the  fund  from  which,  it 
is  drawn; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when  TO  draw  and 
directed  by  the  district  board,  and  present  them  to  the  other  sign  contracte- 
members  of  the  board  for  further  signature; 

Sixth,  To  provide  the  necessary  appendages  for  the  school-  TO  provide 
house  and  keep  the  same  in  good*  condition  and  repair  during  anTkedepges 
the  time  school  shall  be  taught  therein.  Necessary  append- 
ages  within  the  meaning  of  law  shall  consist  of  the  follow- 
ing articles,  to  wit:  A  set  of  wall  maps  (the  grand  divisions, 
the  United  States  and  Michigan)  not  exceeding  twelve  dollars 
in  price;  a  globe  not  exceeding  eight  dollars,  a  dictionary  not 
exceeding  ten  dollars;  a  reading  chart  not  exceeding  five  dol- 
lars, and  a  case  for  library  books  not  exceeding  ten  dollars; 
also  looking-glass,  comb,  towel,  water  pail,  cup,  ash  pail, 
poker,  stove  shovel,  broom,  dustpan,  duster,  wash  basin  and 
soap; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in-  TO  keep 
curred  by  him  as  director,  and  such  account  shall  be  audited  account- 
by  the  moderator  and  assessor,  and  on  their  written  order 
shall  be  paid  out  of  any  money  provided  for  the  purpose; 

Eighth,  To  present  at  each  annual  meeting  an  estimate  of  TO  present 
the  expenses  necessary  to  be  incurred  during  the  ensuing  year  "p™M8°t<> 
by  the  director  as  provided  by  law,  and  for  the  payment  of  the  JJJj10*1  meet" 
services  of  any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the  T<>  preserve 
school  inspectors,  and  safely  preserve  and  keep  all  books,  pa- 
pers  and  other  documents  belonging  to  the  office  of  director,  ments- 
or  to  the  district  when  not  otherwise  provided  for,  and  to  de- 
liver the, same  to,. his  successor  in  office; 


30 


GENERAL    SCHOOL    LAWS. 


other  duties. 


When  census 
of  school 
children  to 
be  taken. 


Persons  taking 
census  to  make 
affidavit  as  to 
correctness 
of  list. 


What  children 
not  to  be 
included  in 


Tenth,  To  perform  such  other  duties  as  are  or  shall  be  re- 
quired of  the  director  by  law  or  the  district  board. 

How.  5073.— Am.  1895,  p.  95;  App.  Mar.  13;  never  took  effect,  but  cut  off  by 
next  amendment;  Act  15.— Am.  1895,  p.  f56;  App.  June  3;  Eff.  Aug.  30;  Act.  258. 

SECOND:  Proceedings  which  are  required  to  be  recorded  cannot  be  proved 
by  parol.— Thompson  v.  Sch.  Dist.,  25  /488. 

FOURTH:  The  warrant  for  payment  by  the  treasurer  to  the  assessor  of 
moneys  belonging  to  the  district  is  an  official  order  for  the  transfer  of  funds, 
not  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named.— 
Fox  v.  Shipman,  19  /  218;  Burns  v.  Bender.  38  /  195.  See  Sch.  Dist.  v.  Mallary, 
23  /  111;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  The  duty  of  procuring  tnls  transfer 
of  district  moneys,  within  some  reasonable  time  is  not  discretionary,  but 
absolute,  upon  the  director,  and  the  moderator  is  bound  to  countersign  all 
orders  of  the  director  for  that  purpose. — Burns  v.  Bender,  36  /  197.  The  town- 
ship treasurer  must  pay  so  much  of  the  money  in  his  hands  as  is  covered 
by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district.— Brvant  v.  Moore.  50  /  225.  The  disbursement  of 
all  school  moneys  must  be  made  upon  orders  drawn  on  the  assessor  by  the 
director,  countersigned  by  the  moderator.— Burns  v.  Bender,  36  /  195;  Midland 
Sch.  Dist.  v.  Sch.  Dist.,  40  /  551;  Sch.  Dist.  v.  Mallary.  23  /  111. 

SIXTH:  See  Section  4665,  subd.  7.  See.  also,  Sch.  Dist.  v.  Snell,  24  /  350; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402.  Removal  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc.,  of  the 
school-house  in  order  and  repair. — Twp.  Board  of  Hamtramck  v.  Holihan, 
*6  /  127. 

SEVENTH:  Assumpsit  will  lie  in  favor  of  the  director  of  a  school  district 
on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass  upon 
the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist., 
100  /  332. 

EIGHTH:  Prior  to  1859.  no  provisions  of  law  existed  for  paying  any  of  the 
officers  for  services  rendered.—  Hinman  v.  Sch.  Dist.;  4  /  168. 

(4687)  SEC.  22.     It  shall  be  the  duty  of  the  director  or  such 
other  person  as  the  district  board  may  appoint,  within  ten 
days  next  previous  to  the  first  Monday  in  September  in  each 
year  to  take  the  census  of  the  district  and  make  a  list  in  writ- 
ing of  the  names,  ages  and  residences  of  all  the  children  be- 
tween the  ages  of  five  and  twenty  years  residing  therein,  and 
also  the  names  and  residences,  giving  street  and  number  in 
cities  and  villages,  of  all  the  parents  or  guardians  of  such 
children  and  a  copy  of  said  list  shall  be  verified  by  the  oath 
or  affirmation  of  the  person  taking  such  census,  by  affidavit 
appended  thereto  or  endorsed  thereon,  setting  forth  that  it  is 
a  correct  list  of  the  names  and  residences  of  all  children  be- 
tween the  ages  aforesaid,  residing  in  the  district,  which  affi- 
davit may  be  made  before  the  clerk  of  the  township;  and  said 
list  shall  be  returned  with  the  annual  report  of  the  director 
to  the  township  clerk.     Children  in  almshouses,  prisons,  or 
asylums,  not  otherwise  resident  of  the  district  and  not  attend- 
ing school  shall  not  be  included  in  said  census;  nor  shall  In- 
dian children  be  included,  unless  they  attend  the  school  or 
their  parents  are  liable  to  pay  taxes  therein. 

How.  5074.— Am.  1897,  p.  76;  App.  Apr.  9;  Eff.  Aug.  30;  Act  66. 

(4688)  SEC.  22a.     Any  person  intentionally  giving  to  any 
census  enumerator  of  school  children  any  false  information  as 
to  the  names  or  ages  of  school  children,  or  as  to  the  names  or 
residence  of  the  parents  or  guardian  of  any  school  children 
or  any  enumerator  who  shall  perform  his  duties  carelessly  or 
negligently,  shall  bo  guilty  of  a  misdemeanor,  and  upon  con- 


GENERAL    SCHOOL    LAWS.  31 


viction  thereof,  be  liable  to  a  fine  of  not  more  than  five  dol- 

lars  or  to  imprisonment  in  the  county  jail  for  not  more  than  information  as 

five  days,  in  the  discretion  of  the  court. 

Added  1897,  p.  77;  App.  Apr.  9;  Eff.  Aug.  30;  Act.  66. 

(4689)  SEC.  23.     The  director  shall  also,  at  the  end  of  the 
school  year,  and  previous  to  the  second  Monday  in  September  to 
in  each  year,  deliver  to  the  township  clerk,  to  be  filed  in  his 

office,  a  report  to  the  board  of  school  inspectors  of  the  town-  contents  of. 
ship,  showing: 

First,  The  whole  number  of  children  belonging  to  the  dis- 
trict between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  under 
five,  and  also  the  number  over  twenty  years  of  age; 

Third,  The  number  of  non-resident  pupils  of  the  district  that 
have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  dur- 
ing the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  qualified  teacher,  the  name  of  each  teacher, 
the  length  of  time  taught  by  each,  and  the  wages  paid  to  each; 

Sixth,  The  average  length  of  time  scholars,  between  five  and 
twenty  years  of  age,  have  attended  school  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk  ; 

Eighth,  The  amount  of  money  raised  by  the  district,  and 
the  purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent  of 
public  instruction  shall  direct. 

How.  5075. 

(4690)  SEC.  24.     The  director  of  each  fractional  district  shall  where  director 

i-i-  At  »       i        t>  j.i  -L  •       •  v-  •    i     '  i  fractional 

make  his  annual  report  to  the  clerk  of  the  township  in  which  distiotto 
the  school-house  is  situated,  and  shall  also  report  to  the  clerk  report- 
of  each  township  in  which  the  district  is  in  part  situated,  the 
number  of  children  between  the  ages  of  five  and  twenty  years 
in  that  part  of  the  district  lying  in  such  township. 

How.  5076. 

ASSESSOR. 

(4691)  SEC.  25.     It  shall  be  the  duty  of  the  assessor  of  each  Assessor. 
school  district: 

First,  To  execute  to  the  district  and  file  with  the  director, 
within  ten  days  after  his  election  or  appointment,  a  bond  in  TO  give  bond. 
double  the  amount  of  money  to  come  into  his  hands  as  such 
assessor  during  his  term  of  office,  as  near  as  the  same  can  be 
ascertained,  with  two  sufficient  sureties,  to  be  approved  by  Bond  to  be 
the  moderator  and  director,  conditioned  for  the  faithful  ap-  appro 


32  GENERAL  SCHOOL  LAWS. 

plication  of  all  moneys  that  shall  come  into  his  hands  by  vir- 
tue of  his  office,  and  to  perform  all  the  duties  of  his  said  of- 
fice  as  required  by  the  provisions  of  this  act.    Said  bond  shall 
with  director.    ke  £je(j  wjth  the  director,  and  in  case  of  any  breach  of  the  con- 
whensuitto     dition  thereof,  the  moderator  shall  cause  a  suit  to  be  com- 
thereonght        menced  thereon  in  the  name  of  the  district,  and  any  moneys 
collected  thereon  shall  be  paid  into  the  township  treasury,  sub- 
ject to  the  order  of  the  district  officers,  and  shall  be  applied  to 
the  same  purposes  as  the  moneys  lost  should  have  been  applied 
by  the  assessor; 

TO  pay  Second,  To  pay  all  orders  of  the  director,  when  lawfully 

•dors.  ^rawn  an(j  countersigned  by  the  moderator,  out  of  any  moneys 
in  his  hands  belonging  to  the  fund  upon  which  such  orders- 
may  be  drawn; 

TO  keep  record  Third,  To  keep  a  book  in  which  all  the  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Fourth,  To  present  to  the  district  board  at  the  close  of  the 

TO  make          school  year  a  report  in  writing,  containing  a  statement  of  all 

to  d?8trictpor     moneys  received  during  the  preceding  year,  and  of  each  item 

board.  Of  disbursements  made,  and  exhibit  the  voucher  therefor; 

TO  appear  for        Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all  suits 

llts>  brought  by  or  against  the  same,  when  no  other  directions  shall 

be  given  by  the  qualified  voters  in  district  meeting,  except  in 

suits  in  which  he  is  interested  adversely  to  the  district,  and  in 

all  such  cases  the  moderator  shall  appear  for  such  district,  if 

no  other  direction  be  given  as  aforesaid; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board,  and  deliver  to  his  successor  in  office  all  books, 
vouchers,  orders,  documents,  and  papers  belonging  to  the  of- 
fice of  assessor,  together  with  all  district  moneys  remaining 
on  hand; 

other  duties.  Seventh,  To  perform  such  other  duties  as  are  or  shall  be  by- 
law required  of  the  assessor. 

How.  5077. 

FIRST:  An  assessor  cannot  lav/fully  withhold  the  district  funds  in  his 
hand  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  be 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  charge- 
able with  notice  of  such  facts  and  is  liable  to  an  action  for  money  had  and 
received,  as  well  as  action  on  his  bond.— Mason  v.  Sch.  Dist.,  34  /  228.  See- 
Welch  v.  Frost,  1/30;  also  Bryant  v.  Moore,  50  /  225. 

SECOND:  See  Section  4685,  subd.  2,  and  Section  4686,  subd.  4,  and  notes. 
The  assessor  is  the  disbursing  officer  of  the  district.— Sch.  Dist.  v.  Mallary, 
23  /  111.  He  is  the  lawful  treasurer  and  depositary  of  school  district  funds 
and  all  moneys  must  pass  through  his  hands  and  be  paid  out  by  him  on 
proper  orders.— Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  Moneys  in  the  hands  of 
the  township  treasurer  belonging  to  a  school  district  cannot  be  applied  to- 
any  district  purpose,  except  through  the  hands  of  the  assessor.— Burns  v. 
Bender,  36  /  198.  An  assessor  cannot  pay  out  any  money  lawfully  without  a, 
warrant.— Id.  Interest  is  not  payable  on  school  district  orders  if  no  authority 
has  been  given  to  impose  it.— Turnbull  v.  Sch.  Dist.,  45  /  496.  But  interest 
may  be  allowed  from  demand  when  mandamus  is  granted  for  payment,  when 
its  claim  is  such  a  settled  demand  as  would  sustain  a  recovery  of  interest 
at  law.— Martin  v.  Tripp,  51  /  184.  Mandamus  lies  to  compel  a  district  to- 
pay  or  provide  for  the  payment  of  its  orders.— Turnbull  v.  Sch.  Dist.,  45  /  496. 
And  to  compel  an  assessor  to  pay  a  school  order,  where  the  court  is  satis- 
fied that  there  is  no  valid  defense.— Martin  v.  Tripp,  51  /  184.  A  showing  of  a 
want  of  funds  is  a  complete  answer  to  an  application  for  mandamus  to  re- 
quire an  assessor  to  pay  a  warrant  drawn  on  him.— Allen  v.  Frink.  32  /  96. 

FIFTH:  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor.,  when  no  other  direction  is  given  in  district  meeting;  the  moderator 


GENERAL  SCHOOL  LAWS.  3$ 

and  director,  though  constituting-  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  voters, 
as  such  cannot  interfere.— Sch.  Dist.  v.  Wing,  30  /351.  See  Benalleck  v. 
People,  31  /  204.  An  appeal  taken  in  the  name  of  the  district  without  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void.— Id.  Whether 
he  is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the 
director's  warrants,  see  Burns  v.  Bender,  36  /  197. 


CHAPTER       IV.-TOWNSHIP       OFFICEP.S— TOWNSHIP       BOARD       OF 
SCHOOL  INSPECTORS. 

(4692)  SECTION  1.     The  school  inspectors  of  each  township, 
together  with  the  township  clerk,  shall  constitute  the  town-  inspectors, 
ship  board  of  school  inspectors.    Said  board  shall  meet  at  the 

office  of  the  township  clerk  within  twenty  days  after  the  first 
Monday  of  April  in  each  year,  and  elect  one  of  their  number 
other  than  the  township  clerk  chairman  of  said  board,  and  the 
township  clerk  shall  be  the  clerk  thereof. 

How.  5078.— Am.  1883,  p.  5;  App.  Mar.  15;  Eff.  Sept.  8;  Act  $.— Am.  1885,  p.  101; 
App.  May  14;  Eff.  Sept.  19;  Act  96. 

(4693)  SEC.  2.     The  chairman  of  said   board  shall   be  the  be 
treasurer  thereof,  and   shall   give  bond  to   the  township  in  treasurer. 
double  the  amount  of  moneys  to  come  into  his  hands  during 

his  term  of  office,  as  near  as  the  same  can  be  ascertained,  with 

two  sufficient  sureties,  to  be  approved  by  the  township  clerk,  To  eive  bond- 

conditioned  for  the  faithful  appropriation  of  all  moneys  that 

may  come  into  his  hands  by  virtue  of  his  office.     Said  bond  flieddt° 

shall  be  filed  with  the  township  clerk,  and  in  case  of  the  non-  ^Sught*01 

fulfillment  thereof,  said  clerk  shall  cause  a  suit  to  be  com-  thereon. 

menced  thereon,  and  the  moneys  collected  in  such  suit  shall 

be  paid  into  the  township  treasury,  and  shall  be  applied  to 

the  same  purposes  as  the  moneys  lost  should  have  been  applied 

by  said  treasurer  of  the  board  of  school  inspectors. 

How.  5079. 

The  treasurer  of  the  board  of  school  inspectors,  and  not  the  township-, 
treasurer,  is  the  proper  custodian  of  the  township  library  money;  and  the 
latter  officer,  on  proper  demand,  is  bound  to  pay  it  over  to  the  former  and  is 
not  entitled  to  hold  it  until  drawn  by  the  inspectors  as  needed  for  specific 
appropriations.  Mandamus  will  lie  to  enforce  the  performance  of  this  duty. 
— McPharlin  v.  Mahoney,  30  /  100.  See  Burns  v.  Bender,  36  /  195. 

(4694)  SEC.  3.     On  the  third  Monday  in  September  in  each 
year  the  inspectors  shall  make  triplicate  reports,  setting  forth 

the  whole  number  of  districts  in  their  townships,  the  amount  reports, 
of  money  raised  and  received  for  township  and  district  libra- 
ries, and  such  other  items  as  shall  from  year  to  year  be  re- 
quired by  the  superintendent  of  public  instruction,  together 
with  the  several  particulars  set  forth  in  the  reports  of  the 
school  Directors  for  the  preceding  year;  and  the  township 
clerk  shall,  within  ten  days  thereafter,  forward  two  copies  of  cier 
the  same  to  the  secretary  of  the  county  board  of  school  exam-  relative 
iners,  and  file  the  other  copy  in  his  office. 

How.  5080.— Am.  1887,  p.  351;  App.  June  27;  Eff.  Sept.  28;  Act  266, 


24 


GENERAL  SCHOOL  LAWS. 


fied  voters  of  the  district  at  any  annual  or  special  meeting, 
when  lawfully  convened. 

How.   5060. 

TITLE  IN  FEE:  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law.— Sch.  Dist.  v.  Everett,  52  /  314. 

Board  to  (4674)  SEC.  9.  It  shall  be  the  duty  of  the  district  board  to 

estimate  the  amount  necessary  to  be  raised,  in  addition  to 
other  school  funds,  for  the  entire  support  of  such  schools,  in- 
cluding teachers'  wages,  fuel,  and  other  incidental  expenses, 
and  for  deficiencies  of  the  previous  year  for  such  purposes. 

Limit  of  tax  in  But  in  districts  having  less  than  thirty  scholars,  such  estimate, 
including  the  district's  share  of  the  primary  school  interest 
fund  and  one-mill  tax,  shall  not  exceed  the  sum  of  fifty  dol- 
lars a  month  for  the  period  during  which  school  is  held  in  such 
district;  and  when  such  amount  has  been  estimated  and  voted 
by  the  district  board,  it  shall  be  reported  for  assessment  and 
collection,  the  same  as  other  district  taxes.  When  a  tax  has 
been  estimated  and  voted  by  the  district  board  under  the  pro- 
visions of  this  section,  and  is  needed  before  it  can  be  col- 
lected, the  district  board  may  borrow  to  an  amount  not  exceed- 
ing the  amount  of  said  tax. 


of  schools. 


certain  cases. 


When  board 
may  borrow 
money. 


How.  5061. 


Board  to 
apply  moneys 
according 
to  law. 


Board  to  report  (4675)  SEC.  10.  The  district  board  shall,  between  the  first 
£°  and  third  Mondays  in  September  in  each  year,  make  out  and 
deliver  to  the  township  clerk  of  each  township  in  which  any 
part  of  the  district  is  situated,  a  report  in  writing  under  their 
hands  of  all  taxes  voted  by  the  district  during  the  preceding 
year,  and  of  all  taxes  which  said  board  is  authorized  to  impose, 
to  be  levied  on  the  taxable  property  of  the  district. 

How.  5062. 

(4676)  SEC.  11.  The  district  board  shall  apply  and  pay  over 
all  school  moneys  belonging  to  the  district,  in  accordance  with 
the  provisions  of  law  regulating  the  same,  and  no  money  raised 
by  district  tax  shall  be  used  for  any  other  purpose  than  that 
for  which  it  was  raised,  without  a  consenting  vote  of  two- 
thirds  of  the  tax-paying  voters  of  the  district;  and  no  moneys 
received  from  the  primary  school  interest  fund,  nor  from  the 
one-mill  tax  except  as  provided  by  law  shall  be  appropriated 
to  any  other  use  than  the  payment  of  teachers'  wages,  and  no 
part  thereof  shall  be  paid  to  any  teacher  who  shall  not  have  re- 
ceived a  certificate  of  qualification  from  proper  legal  authority 
before  the  commencement  of  his  school.  No  school  district 
shall  apply  any  of  the  moneys  received  by  it  from  the  primary 
school  interest  fund,  or  from  any  and  all  other  sources,  for  the 
support  and  maintenance  of  any  school  of  a  sectarian  charac- 


Sectarian 
schools  barred 
from  public 
moneys. 


OF  THE 

UNIVERSITY 

C  » 

GENERAL    SCHOOL  i^  25 


ter,  whether  the  same  be  under  the  control  of  any  religious  so- 
ciety, or  made  sectarian  by  the  school  district  board. 

How.   5063. 

Proof  of  qualification. — Sch.   Dist.  v.  Cook,  47  /  112. 

(4677)  SEC.  12.     Said  board  shall  present  to  the  district,  at  Board  to  make 
each  annual  meeting,  a  report  in  writing,  containing  an  ac-  conteit?o?rt! 
curate  statement  of  all  moneys  of  the  district  received  by  them, 

or  any  of  them,  during  the  preceding  year,  and  of  the  disburse- 
ments made  by  them,  with  the  items  of  such  receipts  and  dis- 
bursements. Such  report  shall  also  contain  a  statement  of  all 
taxes  assessed  upon  the  taxable  property  of  the  district  dur- 
ing the  preceding  year,  the  purposes  for  which  such  taxes  were 
assessed,  and  the  amount  assessed  for  each  particular  purpose, 
and  said  report  shall  be  entered  by  the  director  in  the  records 
of  the  district. 

How.  5064. 

(4678)  SEC.  13.     The  district  board  shall  hire  and  contract  Board  to  hire 
with  such  duly  qualified  teachers  as  may  be  required;  and  all  te 
contracts  shall  be  in  writing  and  signed  by  a  majority  of  the 

board  on  behalf  of  the  district.    Said  contracts  shall  specify  contracts, 
the  wages  agreed  upon  and  shall  require  the  teacher  to  keep  a  school  register 
correct  list  of  the  pupils,  and  the  age  of  each,  attending  the  tc 
school,  and  the  number  of  days  each  pupil  is  present,  and  to 
furnish  the  director  with  a  correct  copy  of  the  same  at  the 
close  of  thp  school.     Said  contract  shall  be  filed  with  the  di- 
rector,  and  a  duplicate  copy  of  the  contract  shall  be  furnished 
to  the  teacher.    No  contract  with  any  person  not  holding  a 
legal  certificate  of  qualification  then  authorizing  such  person  certificate, 
to  teach  shall  be  valid,  and  all  such  contracts  shall  terminate, 
if  the  certificate  shall  expire  by  limitation  and  shall  not  im- 
mediately be  renewed,  or  if  it  shall  be  suspended  or  revoked 
by  proper  legal  authority.    A  school  month  within  the  mean- 
ing  of  the  school  laws  shall  consist  of  four  weeks  of  five  days 
in  each  week,  unless  otherwise  specified  in  the  teacher's  con- 
tract. 

How.   5065. 

HIRE  AND  CONTRACT:  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract.— Wall  v.  Eastman,  1  /  270.  A  teacher  can  be  law- 
fully employed  only  by  convening  the  board.— Hazen  v.  Lerche,  47  /  626.  Con- 
tracts may  be  made  before  the  beginning  of  the  school  year.— Sch.  Dist.  v. 
Cook,  47  /  112;  Tappan  v.  Sch.  Dist.,  44  /  500;  Cleveland  v.  Amy,  88  /  376; 
Farrell  v.  Sch.  Dist.,  98  /  45.  The  power  to  employ  teachers  conferred  upon 
district  boards  of  primary  schools  by  this  section  is  co-extensive  with  that 
conferred  upon  the  boards  of  trustees  of  graded  schools  by  section  4748.— Id. 
376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the  moder- 
ator wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such  approval 
and  signature  was  treated  as,  in  legal  effect,  a  signing  of  the  contract.— 
Everett  v.  Sch.  Dist.,  30  /  249.  When  the  contract  is  signed  by  a  majority 
of  the  board  only.— Crane  v.  Sch.  Dist.,  61  /  299.  Simultaneous  signing  is  not 
necessary.— Holloway  v.  Sch.  Dist.,  62  /  155;  Everett  v.  Sch.  Dist.,  30  /  249. 
It  is  the  business  of  school  districts  to  keep  up  public  schools,  and  it  is 
the  duty  of  the  officers  to  provide  teachers  and  to  make  contracts  with  them. 
It  is  their  duty  to  know  under  what  conditions  a  teacher,  whom  they  know 
to  be  teaching,  claims  to  act.— Holloway  v.  Sch.  Dist.,  62  /  155.  A  teacher 
has  a  right  to  suppose  his  contract  to  be  a  valid  one  when  it  is  signed  by  a 
sufficient  number  of  officers  and  he  is,  with  the  personal  knowledge  of  the 
whole  board,  permitted  and  encouraged  to  go  on.— Id.  156.  A  contract  valid 
on  its  face,  actually  carried  out  in  full  with  the  acquiescence  of  all  concerned, 
cannot  be  subsequently  repudiated.— Id.  The  provision  that  the  contract 

4 


36 


GENERAL  SCHOOL  LAWS. 


portioned  to  each  district,  and  record  the  apportionment  in  his 
office;  and  whenever  an  apportionment  of  the  primary  school 
interest  fund,  or  moneys  raised  by  tax,  or  received  from  other 
sources,  is  made,  he  shall  give  notice  of  the  amount  to  be  re- 
amount  appor-  ceived  by  each  district  to  the  director  thereof. 


To  notify 
directors  of 


tioned  districts. 


How.  5089. 


TOWNSHIP    SUPERVISOR    AND    TREASURER. 


Assessment 
and  collection 
of  district 
taxes. 


Taxes  not 
assessed  at 
proper  time. 


Assessment  of 
one-mill  tax. 


Moneys  to  be 
apportioned  by 
town  clerk. 


Hoi 


In  township 
where  no 
districts  are 
formed. 


(4704)  SEC.  13.     It  shall  be  the  duty  of  the  supervisor  of 
the  township  to  assess  the  taxes  voted  by  every  school  district 
in  his  township,  and  also  all  other  taxes  provided  for  in  this 
act,  chargeable  against  such  district  or  township,  upon  the 
taxable  property  of  the  district  or  township  respectively,  and 
to  place  the  same  on  the  township  assessment  roll  in  the 
column  for  school  taxes,  and  the  same  shall  be  collected  and 
returned  by  the  township  treasurer  in  the  same  manner  and 
for  the  same  compensation  as  township  taxes.     If  any  taxes 
provided  for  by  law  for  school  purposes  shall  fail  to  be  assessed 
at  the  proper  time,  the  same  shall  be  assessed  in  the  succeed- 
ing year. 

How.   5090. 

FAILURE  TO  ASSESS:  The  provision  in  the  last  clause  of  this  section 
applies  to  a  case  where  school  taxes  are  not  certified  by  the  board  to  the 
township  clerk  in  time  for  certification  to  the  supervisor  for  assessment.— 
Wilcox  v.  Eagle  Twp.,  81  /  271.  See  Union  Sch.  Dist.  v.  Parris,  97/  596. 

(4705)  SEC.  14.     The  supervisor  shall  also  assess  upon  the 
taxable  property  of  his  township  one  mill  upon  each  dollar  of 
the  valuation  thereof  in  each  year,  and  report  the  aggregate 
valuation  of  each  district  to  the  township  clerk,  who  shall 
report  said  amount  to  the  director  of  each  school  district  in 
his  township,  or  to  the  director  of  any  fractional  school  dis- 
trict, a  portion  of  which  may  be  located  in  said  township,  be- 
fore the  first  day  of  September  of  each  year;  and  all  moneys 
so  raised  shall  be  apportioned  by  the  township  clerk  to  the 
district  in  which  it  was  raised,  and  all  money  collected  by 
virtue  of  this  act  during  the  year  on  any  property  not  included 
in  any  organized  district,  or  in  districts  not  having,  during  the 
previous  school  year,  three  months'  school  in  districts  having 
less  than  thirty  children,  or  five  months'  school  in  district  hav- 
ing  thirty,   and   less   than   eight   hundred   children,   or   nine 
months'  school  in  districts  having  eight  hundred  or  more  chil- 
dren, as  shown  by  the  last  school  census,  shall  be  apportioned 
to  the  several  other  school  districts  of  said  township  in  the 
same  manner  as  the  primary  school  interest  fund  is  now  ap- 
portioned.    All  moneys  accruing  from  the  one-mill  tax  in  any 
township  before  any  district  shall  have  a  legal  school  therein 
shall  belong  to  the  district  in  which  it  was  raised  when  they 
shall  severally  have  had  a  three  months'  school  by  a  qualified 
teacher. 

How.  5091.- Am.  1RK7  n.  03:  App.  Apr.  22;  Eff.  Sept.  28;  Act.  84.  See  Saginaw 
Twp.  v.  Saginaw,  9  /  541- 


GENERAL    SCHOOL    LAWS.  37 


(4706)  SEC.  15.     The  amount  to  be  assessed  upon  the  taxable 
property  of  any  school  district  retaining  the  school-house  or  certain  taxes  to 
other  property,  on  the  division  of  a  district,  as  the  same  shall 

have  been  determined  by  the  inspectors,  shall  be  assessed  by 
the  supervisor  in  the  same  manner  as  if  the  same  had  been 
authorized  by  a  vote  of  such  district;  and  the  money  so 
assessed  shall  be  placed  to  the  credit  of  the  taxable  property 
taken  from  the  former  district,  and  shall  be  in  reduction  of  any 
tax  imposed  in  the  new  district  on  said  taxable  property  for 
school  district  purposes:  Provided,  That  if  the  district  re-  Proviso. 
taming  the  school-house  shall  vote  to  pay,  and  shall  pay,  be- 
fore said  taxes  are  assessed,  any  portion  of  said  amount  to  the 
new  district,  said  amount,  as  shall  be  certified  by  the  modera- 
tor and  director  of  the  new  district  to  the  supervisor,  shall  be 
deducted  from  the  amount  to  be  assessed  as  provided  in  this 
section.  When  collected,  such  amount  shall  be  paid  over  to  HOW  such 
the  assessor  of  the  new  district,  to  be  applied  to  the  use  there-  applied0  be 
of  in  the  same  manner,  under  the  direction  of  its  proper  officers, 
as  if  such  sum  had  been  voted  and  raised  by  said  district  for 
building  a  school-house  or  other  district  purposes. 

How.   5092. 

NEW  DISTRICT:  The  money  when  collected,  must  be  paid  to  the  asses- 
sor of  the  new  district;  and  if  wrongfully  paid  to  the  old  one,  the  new  dis- 
trict may  maintain  an  action  for  money  had  and  received,  against  the  old 
district.—  Sch.  Dist.  v.  Sch.  Dist.,  40  /  551. 

(4707)  SEC.  10.     The  full  amount  of  all  taxes  to  be  levied 
upon  the  taxable  property  in  a  fractional  school  district  shall 
be  certified  by  the  district  board  to  the  township  clerk  of  each 
township  in  which  such  district  is  in  part  situated,  and  by 
such  township  clerks  to  the  supervisors  of  their  respective 
townships,  and  it  shall  be  the  duty  of  each  of  said  supervisors 
to  certify  to  each  other  supervisor  interested,  the  amount  of 
taxable  property  in  that  part  of  the  district  lying  in  his  town- 
ship:    Provided,  That  when  there  exists  a  manifest  difference  Proviso. 
in  the  valuation  of  property  assessed  in  fractional  districts, 
composed  of  territory  in  adjoining  townships  or  counties,  such 
valuation  shall  be  equalized  for  this  specific  purpose  by  the 
supervisors  of  the  townships  interested  at  a  joint  meeting  held 

for  that  purpose,  on  application  of  either  of  the  supervisors 
of  said  townships.  And  such  supervisors  shall  respectively 
ascertain  the  proportion  of  such  taxes,  including  mill  tax,  to  be 
placed  on  their  respective  assessment  rolls,  according  to  the 
amount  of  taxable  property  in  each  part  of  such  district.  And 
if  said  supervisors  cannot  agree  as  to  the  proportion  of  such  in  cases  of 
taxes  to  be  placed  on  their  respective  assessment  rolls,  a  super- 
visor  from  an  adjoining  township  shall  be  called  to  meet  with 
said  supervisors  in  said  fractional  district  and  assist  in  equal- 
izing said  valuation.  Said  supervisor  to  be  paid  at  the  rate 
of  three  dollars  per  diem  for  the  time  necessarily  employed  in 
attendance  at  such  meeting  of  the  supervisors,  and  all  neces- 
sary traveling  expenses,  by  the  townships  in  interest. 

How.  5093.—  Am.  1887,  p.  35;  App.  Mar.  19;  Eff.  Sept.  28;  Act  38.—  Am.  1889,  p. 
182;  App.  June  19;  Eff.  Oct.  2;  Act  162. 


38 


GENERAL  SCHOOL  LAWS. 


Statement  to 

township 

treasurer. 


(4708)  SEC.  17.     The  supervisor,  on  delivery  of  the  warrant 
for  the  collection  of  taxes  to  the  township  treasurer,  shall  also 
deliver  to  said  treasurer  a  written  statement  of  the  amount 
of  school  and  library  taxes,  the  amount  raised  for  district  pur- 
poses on  the  taxable  property  of  each  district  in  the  township, 
the  amount  belonging  to  any  new  district  on  the  division  of 
the  former  district,  and  the  names  of  all  persons  having  judg- 
ments assessed  under  the  provisions  of  this  act  upon  the  tax- 
able property  of  any  district,  with  the  amount  payable  to  such 
person  on  account  thereof. 

How.   5094. 

(4709)  SEC.  18.    The  supervisor  of  each  township,  on  the 
delivery  of  the  warrant  for  the  collection  of  taxes  to  the  town- 
ship treasurer,  shall  also  deliver  to  said  treasurer  a  written 
statement,  certified  by  him,  of  the  amount  of  the  one-mill  tax 
levied  upon  any  property  lying  within  the  bounds  of  a  frac- 
tional school  district,  a  part  of  which  is  situate  within  his 
township,  and  the  returns  of  which  are  made  to  the  clerk  of 
some  other  township;  and  the  said  township  treasurer  shall 
pay  to  the  township  treasurer  of  such  other  township  the 
amount  of  the  taxes  so  levied  and  certified  to  him  for  the  use 
of  such  fractional  school  district. 

How.  5095. 

collection  and  (4710)  SEC.  19.  Whenever  any  portion  of  a  school  district 
oFXS?  onent  shall  be  set  off  and  -annexed  to  any  other  district,  or  organized 
into  a  new  one,  after  a  tax  for  district  purposes  other  than  the 
payment  of  any  debts  of  the  district  shall  have  been  levied  upon 
the  taxable  property  thereof,  but  not  collected,  such  tax  shall 
be  collected  in  the  same  manner  as  if  no  part  of  such  district 
had  been  set  off,  and  the  said  former  district,  and  the  district 
to  which  the  portion  so  set  off  may  be  annexed  or  the  new 
district  organized  from  such  portion,  shall  each  be  entitled  to 
such  proportion  of  said  tax  as  the  amount  of  taxable  property 
in  each  part  thereof  bears  to  the  whole  amount  of  taxable 
property  on  which  such  tax  is  levied. 

How.  5096.    See  Section  4658  and  notes. 


Statement 
to  township 
treasurer  of 
one-mill  tax 
levied  in 
fractional 
district. 


division  of 
district. 


to  township 
expenses 


AII  school  (4711)  SEC.  20.     The  township  treasurer  shall  retain  in  his 

tobe8paasuienseext  hands,  .out  of  the  moneys  collected  by  him,  after  deducting  the 
amount  of  tax  for  township  expenses,  the  full  amount  of  the 
school  taxes  on  the  assessment  roll,  and  hold  the  same  subject 
to  the  warrant  of  the  proper  district  officers,  to  the  order  of 
the  school  inspectors,  or  of  the  persons  entitled  thereto,  and 
give  a  written  notice  to  the  township  clerk  of  the  amount. 

How.  5097. 

SCHOOL  TAXES:  The  township  treasurer  has  no  right  to  receive  for 
school  moneys  anything  which  the  law  has  not  authorized  to  be  received. 
If  he  does  so  and  receipts  for  the  taxes,  he  must  make  good  the  amount.— 
Jones  v.  Wright,  34  /  372;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  554.  See  Elliott  r. 
Miller,  8  /  132,  and  notes  to  Section  2353.  The  liability  of  a  township  treasurer 


GENERAL    SCHOOL    LAWS.  39 

for  school  moneys  is  distinct  from  his  ordinary  liability  for  township  moneys, 
and  it  cannot  be  released  or  in  any  way  affected  by  the  action  of  the  town- 
ship board.— Jones  v.  Wright,  34  /  372.  As  to  the  custody,  etc.,  of  school 
district  moneys,  see  notes  to  Section  4U86,  subd.  4;  Section  4691,  subd.  1,  2;  and 
Section  4694. 

EXPLANATORY  NOTE  BY  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION.—Section  20  is  practically  superseded  by  Section  52  of  Act  No.  206.  Public 
Acts  of  1893,  which  reads  as  follows:  "In  case  the  township  treasurer  shall  not 
collect  the  full  amount  of  taxes  required  by  his  warrant  to  be  paid  into  the 
township  treasury,  such  portion  thereof  as  he  shall  collect  shall  be  retained 
by  him  to  be  paid  out  for  the  following  purposes:  The  amount  of  school  taxes 
collected  to  be  paid  on  the  order  of  the  school  district  officers,  the  amount 
collected  for  general  township  purposes  to  be  paid  on  the  order  of  the  town- 
order  of  the  commissioner  of  highways  countersigned  by  the  township 
clerk  or  supervisor,  and  the  amount  collected  for  any  special  fund  to  be 
paid  on  the  order  of  the  proper  officer;  but  in  no  case  shall  the  amounts 
collected  for  any  one  fund  be  paid  on  the  orders  drawn  on  any  other  fund." 

(4712)  SEC.  21.     The  township  treasurer  shall,  from  time  to  Township 

..  11  f  nil  -ITI  treasurer  to 

time,  apply  to  the  county  treasurer  for  all  school  and  library  appiy  t 

moneys  belonging  to  his  township,  or  the  districts  thereof;  and 

on  receipt  of  the  moneys  to  be  apportioned  to  the  districts, 

he  shall  notify  the  township  clerk  of  the  amount  to  be  appor-  TO  notify 

..          H  township  clerk 

OneU.  Of  muneys. 

How.  5098. 

(4713)  SEC.  22.     Each  treasurer  of  a  township,  to  the  clerk  Moneys  due 
of  which  the  returns  of  any  fractional  school  district  shall  be 

made,  shall  apply  to  the  treasurer  of  any  other  township  in 
which  any  part  of  such  fractional  school  district  may  be  situ- 
ated, for  any  money  to  which  such  district  may  be  entitled; 
and  when  so  received  it  shall  be  certified  to  the  township 
clerk,  and  apportioned  in  the  same  manner  as  other  taxes  for 
school  purposes. 

How.  5099. 

CHAPTER    V.— COUNTY    CLERK    AND    TREASURER. 

(4714)  SECTION  1.     It  shall  be  the  duty  of  each  county  clerk  count 

to  receive  all  such  communications,  blanks,  and  documents  XsTSSJ  T5  and 
as  may  be  directed  to  him  by  the  superintendent  of  public  c«'mmunica- 
instruction,  and  dispose  of  the  same  in  the  manner  directed  * 
by  said  superintendent. 

How.  5100. 

(4715)  SEC.  2.     The  clerk  of  each  county  shall,  on  receiving  county  cierk  t* 
from  the  secretary  of  the  county  board  of  school  examiners  the 

annual  reports  of  the  several  boards  of  school  inspectors,  file 

the  same  in  his  office.     On  receiving  notice  from  the  superin-  Notice  of 

tendent  of  public  instruction  of  the  amount  of  moneys  appor-  oFn?onl°ynsment 

tioned  to  the  several  townships  in  his  county  he  shall  file  the 

same  in  his  office,  and  forthwith  deliver  a  copy  thereof  to  the 

county  treasurer. 

How.  5101.— Am.  1887,  p.  352;  App.  June  27;  Eff.  Sept.  28;  Act  268. 

(471G)  SEC.  3.  The  several  county  treasurers  shall  apply  Bounty  treas- 
for  and  receive  such  moneys  as  shall  have  been  apportioned  to  foTmVney?7 
their  respective  counties,  when  the  same  shall  Become  due;  a*Pr°Priated- 


40 


GENERAL    SCHOOL    LAWS. 


To  notify 
township 
clerks  of 
amounts. 


And  each  of  said  treasurers  shall  immediately  give  notice  to 
the  treasurer  and  clerk  of  each  township  in  his  county,  of  the 
amount  of  school  moneys  apportioned  to  his  township,  and 
shall  hold  the  same  subject  to  the  order  of  the  township  treas- 


urer. 

How.  5102. 


CHAPTER  VI.— BONDED  INDEBTEDNESS  OF  DISTRICTS. 


Two- thirds  vote 
required  to 
borrow  money. 


Indebtedness 
incurred  by  dis- 
trict restricted 
to  a  certain 

amount. 


Indebtedness 
shall  not  ex- 
tend beyond 
ten  years. 


Who  to  c  nsti- 
tute  board  of 
inspection. 
Poll  list  and 
ballott-box  to 
be  used. 
Vote  to 
be  by  ballott. 


(4717)  SECTION  1.  The  People  of  the  State  of  Michigan  enact: 
That  any  school  district  may,  by  a  two- thirds  vote  of  the  qualified 
electors  of  said  district  present  at  any  annual  meeting,  or  at  a  spe- 
cial meeting  called  for  that  purpose,  borrow  money  t  and  may  issue 
bonds  of  the  district  therefor,  to  pay  for  a  school  house  site  or  sites, 
and  to  erect  and  furnish  school  buildings  as  follows:  Districts 
having  less  than  thirty  children  bet'iveenjive  and  twenty  years  of 
age  may  have  an  indebtedness  not  to  exceed  three  hundred  dollars; 
districts  having  thirty  children  of  like  age  may  have  an  indebted- 
ness not  to  exceed  Jive  hundred  dollars;  districts  having  forty  chil- 
dren of  like  age  may  have  an  indebtedness  not  to  exceed  seven 
hundred  fifty  dollars;  districts  having  fifty  children  of  like  age 
may  have  an  indebtedness  not  to  exceed  one  thousand  dollars]  dis- 
tricts having  seventy-five  children  of  like  age  may  have  an  indebt- 
edness not  to  exceed  two  thousand  dollars;  districts  having  one 
hundred  children  of  like  age  may  have  an  indebtedness  not  to 
exceed  three  thousand  dollars;  districts  having  one  hundred 
twenty-five  children  of  like  age,  and  with  an  assesssed 
valuation  of  not  less  than  one  hundred  fifty  thousand  dollars, 
may  have  an  indebtedness  not  to  exceed  five  thousand  dollars', 

districts  having  two  hundred  children  of  like  age  may 
have  an  indebtedness  not  to  exceed  eight  thousand  dollars; 
districts  having  three  hundred  children  of  like  age  may  have 
an  indebtedness  not  to  exceed  fifteen  thousand  dollars;  dis- 
tricts having  four  hundred  children  of  like  age  may  hare  an 
indebtedness  not  to  exceed  twenty  thousand  dollars";  districts 
having  five  hundred  children  of  like  age  may  have  an  indebted- 
ness not  to  exceed  twenty-five  thousand  dollars;  and  districts 
having  eight  hundred  children  or  more  of  like  age  may  have 
an  indebtedness  not  to  exceed  thirty  thousand  dollars:  Pro- 
vided, That  the  indebtedness  of  a  district  shall  in  no  case  ex- 
tend beyond  ten  years  for  money  borrowed:  Provided  fur- 
ther, That  in  all  proceedings  under  this  section  the  director, 
assessor,  and  one  person  appointed  by  the  district  board,  shall 
constitute  a  board  of  inspection,  who  shall  cause  a  poll  list  to 
be  kept  and  a  suitable  ballot-box  to  be  used,  which  shall  be 
kept  open  two  hours.  The  vote  shall  be  by  .ballot,  either 
printed  or  written,  or  partly  printed  and  partly  written,  and 
the  canvass  of  the  same  shall  be  conducted  in  the  same  man- 
ner as  at  township  elections  or  as  the  laws  governing  the 
same  are  applicable;  and  when  they  are  not  the  board  of  in- 


GENERAL    SCHOOL    LAWS.  41 

SDectors  shall  prescribe  the  manner  in  which  canvass  shall  be  canvass  how 

conducted. 

conducted. 

NOTE.— The    italicized    portion    of    preceding    paragraph    is    the    portion 
amended  by  Act  No.  190,  Public  Acts  1899. 
How.  5103.— Am,  1887,  p.  63;  App.  Apr.  8;  Act  56.— Am.  1893,  p.  5;  App.  Feb.  8; 

TWO-THIRDS  VOTE:  A  corporate  act,  which  can  be  taken  only  by  a 
two-thirds  vote,  cannot  be  rescinded  by  a  .bare  majority.— Stockdale  v.  Sch. 
Dist.,  47  /  226. 

BONDS:  A  vote  to  issue  school-district  bonds  in  settlement  of  a  demand, 
if  in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal  limit. 
—Stockdale  v.  Sch.  Dist.,  47  /  226.  The  purchaser  of  a  school  district  bond  has 
a  right  to  rely  upon  all  facts  asserted  or  appearing  upon  the  face  of  the 
bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon  and 
determine  the  facts.— Gibbs  v.  Sch.  Dist.,  88  /  336.  Detaching  a  portion  of  a 
district  and  organizing  it  into  or  with  another  township.— People  v.  Ryan, 
19  /  203. 

(4718)  SBC.  2.     Whenever   any   school   district   shall   have 
voted  to  borrow  any  sum  of  money,  the  district  board  of  such 
district  is  hereby  authorized  to  issue  the  bonds  of  such  district,  issuing  bonds 
in  such  form,  and  executed  in  such  manner  by  the  moderator  borrowed7 
and  director  of  such  district,  and  in  such  sums,  not  less  than 

fifty  dollars,  as  such  district  board  shall  direct,  and  with  such 
rate  of  interest,  not  exceeding  eight  per  centum  per  annum,  interest 
and  payable  at  such  time  or  times  as  the  said  district  shall  have  thereon- 
directed. 

How.  5104. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district;  and,  before  the  board  can  act,  it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the 
question  whether  the  proceedings  in  voting  the  bonds  are  such  as  will 
authorize  the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefore, 
need  look  no  further  back  than  the  face  of  the  bonds  for  the  facts  which  , 
show  a  compliance  with  the  law.— Gibbs  v.  Sch.  Dist.,  88  /  337. 

(4719)  SEC.  3.     Whenever  any  money  shall  have  been  bor-  voters  may 
rowed  by  any  school  district,  the  taxable  inhabitants  of  such  SKem  b<£ds. 
district  are  hereby  authorized,  at  any  regular  meeting  of  such 
district,  to  impose  a  tax  on  the  taxable  property  in  such  dis- 
trict, for  the  purpose  of  paying  the  principal  thus  'borrowed, 

or  any  part  thereof,  and  the  interest  thereon,  to  be  levied  and 
collected  as  other  school  district  taxes  are  collected. 

How.  5105. 

(4720)  SEC.  4.     Any  school  district,  whenever  it  shall  appear  District  may 
that  the  same  can  be  done  on  terms  advantageous  to  said  dis-  ^a 
trict,  may  borrow  money  to  pay  any  bonded  indebtedness  of 

said  district  then  existing,  and  issue  further  bonds  of  said  rrovio. 
district  therefor:  Provided,  That  a  majority  of  the  qualified 
voters  of  said  district  shall  so  determine,  at  an  annual  or  spe- 
cial meeting  called  for  that  purpose;  and  that  the  notice  of 
such  meeting,  whether  annual  or  special,  shall  state  the  inten- 
tion to  take  such  vote. 

iTow.  5106. 


42 


GENERAL    SCHOOL    LAWS. 


CHAPTER  VII.—  SUITS  AND  JUDGMENTS  AGAINST  DISTRICTS. 


Justice 


certain  cases. 


commenced. 


(4721)  SECTION  1.     Justices  of  the  peace  shall  have  jurisdic- 
jurisdiction  in    tion  in  all  cases  of  assumpsit,  debt,  covenant,  and  trespass  on 

the  case  against  school  districts,  when  the  amount  claimed, 
or  matter  in  controversy  shall  not  exceed  one  hundred  dollars; 
and  the  parties  shall  have  the  same  right  of  appeal  as  in  other 
cases. 

How.  5107. 

As  to  corporate  powers,  etc.,  see  note  to  Section  4652.  Liability  for  debts 
after  changes  made  in  districts.—  See  Sections  4657-8  and  notes.  Action  of 
one  district  against  another  for  money  had  and  received.—  Sch.  Dist.  v.  Sch. 
Dist.,  40  /  551. 

(4722)  SEC-  2-     When  anJ  suit  shall  be  brought  against  a 
school  district,  it  shall  be  commenced  by  summons,  a  copy  of 
which  shall  be  left  with  the  assessor  of  the  district  at  least 
eight  days  before  the  return  day  thereof. 

How.  5108. 

NO  execution         (4723)  SEC.  3.     No  execution  shall  issue  on  any  judgment 
Ss1tsSagairi8t  against  a  school  district,  nor  shall  any  suit  be  brought  thereon, 

but  the  same  shall  be  collected  in  the  manner  prescribed  in 

this  act. 

How.   5109. 

(4724)  SEC.  4.  Whenever  any  final  judgment  shall  be  ob- 
•  tained  against  a  school  district,  if  the  same  shall  not  be  re- 
m°ved  to  any  other  court,  the  assessor  of  the  district  shall 
certify  to  the  supervisor  of  the  township  and  to  the  director 
°^  the  district,  the  date  and  amount  of  such  judgment,  with 
the  name  of  the  person  in  whose  favor  the  same  was  rendered, 
and  if  the  judgment  shall  be  removed  to  another  court,  the 
assessor  shall  certify  the  same  as  aforesaid,  immediately  after 
the  final  determination  thereof  against  the  district. 

How.  5110. 


rvisor 
t  district. 


(4725)  SEC.  5.  If  the  assessor  shall  fail  to  certify  the  judg- 
how  party  may  ment  as  required  in  the  preceding  section,  it  shall  be  lawful 
for  the  party  obtaining  the  same,  his  executors,  administrat- 
ors, or  assigns,  to  file  with  the  supervisor  the  certificate  of  the 
justice  or  clerk  of  the  court  rendering  the  judgment,  showing 
the  facts  which  should  have  been  certified  by  the  assessor. 

How.  5111. 

HOW  udgment  (4726)  SEC.  6.  If  the  district  against  whom  any  such  judg- 
ment  shall  be  rendered  is  situated  in  part  in  two  or  more  town- 
ships, a  certificate  thereof  shall  be  delivered  as  aforesaid  to 
the  supervisor  of  each  township  in  which  such  district  is  in 
part  situated. 

How.  5112. 


vi* 


UNiVL 
(GENERAL    SCHOOL    LAWS.V  Q, 


**ff% 

OF  1 


(4727)  SEC.  7.  The  supervisor  or  supervisors  receiving 
either  of  the  certificates  of  a  judgment  as  aforesaid  shall  pro-  of  judgment. 
ceed  to  assess  the  amount  thereof,  with  interest  from  the  date 
of  the  judgment  to  the  time  when  the  warrant  for  the  collec- 
tion thereof  will  expire,  upon  the  taxable  property  of  the  dis- 
trict, placing  the  same  on  the  next  township  assessment  roll  in 
the  column  for  school  taxes;  and  the  same  proceedings  shall 
be  had,  and  the  same  shall  be  collected  and  returned  in  the 
same  manner  as  other  district  taxes. 

How.  5113. 


CHAPTER  VIII.— SITES   FOR  SCHOOL-HOUSES. 

(4728)  SECTION  1.     The  qualified  voters  of  any  school  dis-  J^JtS  8ites. 
trict,  when  lawfully  assembled,  may  designate  by  a  vote  of 
two-thirds  of  those  present,  such  number  of  sites  as  may  be 

desired  for  school-houses,  and  may  change  the  same  by  a 
similar  vote  at  any  annual  meeting.  When  no  site  can  be 
established  by  such  inhabitants  as  aforesaid,  the  school  in- 
spectors  of  the  township  or  townships  in  which  the  district  is 
situated  shall  determine  where  such  site  shall  be,  and  their 
determination  shall  be  certified  to  the  director  of  the  district,  • 
and  shall  be  final,  subject  to  alteration  afterward  by  the  in- 
spectors, on  the  written  request  of  two-thirds  of  the  qualified 
voters  of  the  district,  or  by  two-thirds  of  the  qualified  voters 
agreeing  upon  a  site,  at  a  district  meeting  lawfully  called. 

How.  5114. 

DESIGNATING  SITES:  See  Sec.  4665,  subd.  4.  Proceedings  to  condemn 
land  for  a  site  will  be  quashed  if  there  is  no  lawful  designation  thereof 
shown  by  the  records.— Heck  v.  Sch.  Dist.,  49  /  551.  After  the  lapse  of  a 
dozen  years  it  is  too  late  to  disturb  the  title  to  a  school-house  site  by  mere 
questions  of  regularity  in  the  proceedings  to  designate  it.  School  districts 
are  apt  to  act  with  great  informality  in  their  corporate  matters;  and  it  is 
a  sound  rule  to  let  general  acquiescence  cover  the  errors.— Sch.  Dist.  v. 
Everett,  52  /  318. 

NO  SITE  ESTABLISHED:  It  is  only  when  the  inhabitants  cannot  agree 
in  establishing  any  site  at  all,  that  the  inspectors  are  allowed  to  fix  one.— 
Andress  v.  Inspectors,  19  /  332. 

TWO-THIRDS  VOTE:    See  note  to  Section  4717. 

(4729)  SEC.  2.     Whenever  a  site  for  a  school-house  shall  be  Disagreement 
designated,  determined  or  established,  in  any  manner  provided  SSopfoSsSe. 
by  law,  in  any  school  district,  and  such  district  shall  be  unable 

to  agree  with  the  owner  or  owners  of  such  site  upon  the  com- 
pensation to  be  paid  therefor,  or  in  case  such  district  shall, 
by  reason  of  any  imperfection  in  the  title  to  said  site,  arising 
either  from  break  in  the  chain  of  title,  tax  sale,  mortgages, 
levies,  or  any  other  cause,  be  unable  to  procure  a  perfect, 
unincumbered  title  in  fee  simple  to  said  site,  the  district  board  Board  to  apply 
of  such  district  shall  authorize  one  or  more  of  its  members  foraiury- 
to  apply  to  the  circuit  judge,  if  there  be  one  in  the  county, 
or  to  a  circuit  court  commissioner  of  the  county,  or  to  any 
justice  of  the  peace  of  the  city  or  township  in  which  such 
school  district  shall  be  situated,  for  a  jury  to  ascertain  and 
determine  the  just  compensation  to  be  made  for  the  real  estate 


44 


GENERAL    SCHOOL    LAWS. 


Contents  of 
application. 


Proviso- 
evidence  of 
necessity 
for  site. 


Jury  to  be 
summoned. 


Owner  to 
be  notified. 


Notice  in  case 
owner  is 
unknown,  etc. 


required  by  such  school  district  for  such  site,  and  the  necessity 
for  using  the  same,  which  application  shall  be  in  writing,  and 
shall  describe  the  real  estate  required  by  such  district  as  ac- 
curately as  is  required  in  a  conveyance  of  real  estate:  Pro- 
vided, That  whenever  any  school  district  shall  have  designated, 
selected,  or  established,  in  any  manner  provided  by  law,  a 
school-house  site,  such  selection,  designation,  or  establishment 
shall  be  prima  facie  evidence  to  said  jury  of  the  necessity  to 
use  the  site  so  established. 

How.  5115. 

CONDEMNATION:  The  jurisdiction  to  condemn  lands  for  a  school-house 
site  is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  It.— 
Smith  v.  Sch.  Dist.,  40  /  145.  Proceedings  to  condemn  land  for  a  school-house 
site  will  be  quashed  if  there  is  no  lawful  designation  thereof  shown  by  the 
records.— Heck  v.  Sch.  Dist.,  49  /  551.  For  the  constitutional  questions  In- 
volved in  the  taking  of  private  property  for  public  use,  see  Const,  xv.  9.  15: 
xviii,  2,  14. 

(4730)  SEC.  3.     It  shall  be  the  duty  of  such  circuit  judge, 
circuit  court  commissioner,  or  justice  of  the  peace,  upon  such 
application  being  made  to  him,  to  issue  a  summons  or  venire, 
directed  to  the  sheriff  or  any  constable  of  the  county,  com- 
manding him  to  summon  eighteen  freeholders  residing  in  the 
vicinity  of  such  site,  who  are  in  nowise  of  kin  to  the  owner  of 
such  real  estate,  and  not  interested  therein,  to  appear  before 
such  judge,  commissioner,  or  justice,  at  the  time  and  place 
therein  named,  not  less  than  twenty  nor  more  than  fifty  days 
from  the  time  of  issuing  such  summons  or  venire,  as  a  jury  to 
ascertain  and  determine  the  just  compensation  to  be  made 
for  the  real  estate  required  by  such  school  district  for  such 
site,  and  the  necessity  for  using  the  same,  and  to  notify  the 
owner  or  occupant  of  such  real  estate,  if  he  can  be  found  in 
the  county,  of  the  time  when  and  the  place  where  such  jury 
is  summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  days  be- 
fore the  time  specified  in  such  summons  or  venire  for  the  jury 
to  appear  as  hereinbefore  mentioned. 

How.  5116. 

(4731)  SEC.  4.     Thirty  days'  previous  notice  of  the  time  when 
and  the  place  where  such  jury  will  assemble  shall  be  given  by 
the  district  board  of  such  district,  where  the  owner  or  owners 
of  such  real  estate  shall  be  unknown,  non-residents  of  the 
county,  minors,  insane,  non  compos  mentis,  or  inmates  of  any 
prison,  by  publishing  the  same  in  a  newspaper  published  in 
the  county  where  such  real  estate  is  situated;  or  if  there  be  no 
newspaper  published  in  such  county,  then  in  some  newspaper 
published  in  the  nearest  county  where  a  newspaper  is  pub- 
lished, once  in  each  week  for  four  successive  weeks,  which 
notice  shall  be  signed  by  the  district  board  or  by  the  director 
or  assessor  of  such  district,  and  shall  describe  the  real  estate 
required  for  such  site,  and  state  the  time  when  and  place 
where  such  jury  will  assemble,  and  the  object  for  which  they 
will  assemble;  or  such  notice  may  be  served  on  such  owner 


GENERAL    SCHOOL    LAWS.  45 

personally,  or  by  leaving  a  copy  thereof  at  his  last  place  of 
residence. 

How.   5117. 

(4732)  SEC.  5.     It  shall  be  the  duty  of  such  judge,  commis- 
sioner, or  justice,  and  of  the  persons  summoned  as  jurors,  as 
hereinbefore  provided,  and  of  the  sheriff  or  constable  summon- 
ing them,  to  attend  at  the  time  and  place  specified  in  such  sum- 
mons or  venire;  and  the  officer  who  summoned  the  jury  shall 
return  such  summons  or  venire  to  the  officer  who  issued  the  Return  of 
same,  with  the  names  of  the  persons  summoned  by  him  as  pTcceedings 
jurors,  and  shall  certify  the  manner  of  notifying  the  owner  or  thereon. 
owners  of  such  real  estate,  if  he  was  found;  and  if  he  could 

not  be  found  in  said  county,  he  shall  certify  that  fact.     Either 
party  may  challenge  any  of  the  said  jurors  for  the  same  causes 
as  in  civil  actions.     If  more  than  twelve  of  said  jurors  in  at- 
tendance shall  be  found  qualified  to  serve  as  jurors,  the  officer 
in  attendance,  and  who  issued  the  summons  or  venire  for  such 
jury,  shall  strike  from  the  list  of  jurors  a  number  sufficient 
to  reduce  the  number  of  jurors  in  attendance  to  twelve;  and  in 
case  less  than  twelve  of  the  number  so  summoned  as  jurors 
shall  attend,  the  sheriff  or  constable  shall  summon  a  sufficient 
number  of  freeholders  to  make  up  the  number  of  twelve;  and 
the  officer  issuing  the  summons  or  venire  for  such  jury,  may 
issue  an  attachment  for  any  person  summoned  as  a  juror  who  ^^i*™^ 
shall  fail  to  attend,  and  may  enforce  obedience  to  such  sum-  enforce 
mons,  venire,  or  attachment,  as  courts  of  record,  or  justices'  ^process, 
courts  are  authorized  to  do  in  civil  cases. 

How.   6118. 

A  party  present,  or  represented,  at  the  impaneling  of  the  jury  will  be 
deemed  to  have  waived  all  objections  to  the  jury,  if  he  makes  none  then.— 
Smith  v.  Sch.  Dist.,  40  /  143. 

(4733)  SEC.  6.     The  twelve  persons  selected  as  the  jury  shall 

be  duly  sworn  by  the  judge,  commissioner,  or  justice  in  atten-  Jury  to 
dance,  faithfully  and  impartially  to  inquire,  ascertain,  and  bl 
determine  the  just  compensation  to  be  made  for  the  real  estate 
required  by  such  school  district  for  such  site,  and  the  necessity 
for  using  the  same  in  the  manner  proposed  by  such  school  dis- 
trict; and  the  person  thus  sworn  shall  constitute  the  jury 
in  such  case.     Subpoanas  for  witnesses  may  be  issued,  and  subpoenas  for 
their  attendance  compelled  by  such  circuit  judge,  commission-  w 
er,  or  justice  in  the  same  manner  as  may  be  done  by  the  cir- 
cuit court  or  by  a  justice's  court  in  civil  cases.    The  jury  may 
visit  and  examine  the  premises,  and  from  such  examination 
and  such  other  evidences  as  maybe  presented  before  them, 
shall  ascertain  and  determine  the  necessity  for  using  such 
real  estate  in  the  manner  and  for  the  purpose  proposed  by 
such  school  district,  and  the  just  compensation  to  be  made 
therefor;  and  if  such  jury  shall  find  that  it  is  necessary  that 
such  real  estate  shall  be  used  in  the  manner  or  for  the  purpose 
proposed  by  such  school  district,  they  shall  sign  a  certificate 
in  writing,  stating  that  it  is  necessary  that  said  real  estate, 


46 


GENERAL    SCHOOL    LAWS. 


To  determine 
compensation 
therefor. 


certificate. 


describing  it,  should  be  used  as  a  site  for  a  school-house  for 
such  district;  also  stating  the  sum  to  be  paid  by  such  school- 
district  as  the  just  compensation  for  the  same.  The  said 
circuit  judge,  circuit  court  commissioner,  or  justice  of  the 
Court  to  make  peace,  shall  sign  and  attach  to,  and  indorse  upon  the  certificate 
thus  subscribed  by  the  said  jurors,  a  certificate  stating  the 
time  when  and  the  place  where  the  said  jury  assembled,  that 
they  were  by  him  duly  sworn  as  herein  required,  and  that  they 
subscribed  the  said  certificate.  He  shall  also  state  in  such 
certificate  who  appeared  for  the  respective  parties  on  such 
hearing  and  inquiry,  and  shall  deliver  such  certificates  to  the 
director,  or  to  any  member  of  the  district  board  of  such  school 
district. 


Collection 
Of  judgment. 


When  owner  is 
unknown,  etc., 
m  >ney  to  be 
deposited  with 
County  treas- 
urer. 


Proviso— how 
money  to  be 
drawn  from 
county 
treasurer. 


How.  5119. 

As  to  the  oath  to  the  jurors,  their  duties  and  the  determination  of  the  ne- 
cessity and  compensation,  see  notes  to  Const,  xv,  9,  15;  xviii,  2,  14. 

(4734)  SEC.  7.     Upon  filing  such  certificates  in  the  circuit 
court  of  the  county  where  such  real  estate  is  situated,  such 
court  shall,  if  it  finds  all  the  proceedings  regular,  render  judg- 
ment for  the  sum  specified  in  the  certificate  signed  by  such 
jury,  against  such  school  district,  which  judgment  shall  be  col- 
lected and  paid  in  the  manner  as  other  judgments  against 
school  districts  are  collected  and  paid. 

How.  5120. 

Smith  v.  Sch.  Dist.,  40  /  143.  Mandamus  will  not  lie  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  taken  for  the  condemna- 
tion of  a  site  were  irregular  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due.— Sch.  Dist.  v.  Judge,  49  /  432. 

(4735)  SEC.  8.     In  case  the  owner  of  such  real  estate  shall 
be  unknown,  insane,  non  compos  mentis,  or  an  infant,  or  can- 
not be  found  within  such  county,  it  shall  be  lawful  for  the  said 
school  district  to  deposit  the  amount  of  such  judgment  with 
the  county  treasurer  of  such  county,  for  the  use  of  the  person 
or  persons  entitled  thereto;  and  it  shall  be  the  duty  of  such 
county  treasurer  to  receive  such  money,  and  at  the  time  of  re- 
ceiving it,  to  give  a  receipt  or  certificate  to  the  person  deposit- 
ing the  same  with  him,  stating  the  time  when  such  deposit  was 

made,  and  for  what  purpose;  and  such  county  treasurer  and  his 
sureties  shall  be  liable  on  his  bond  for  any  money  which  shall 
come  into  his  hands  under  the  provisions  of  this  act,  in  case 
he  shall  refuse  to  pay  or  account  for  the  same,  as  herein  re- 
quired: Provided,  That  no  such  money  shall  be  drawn  from 
such  county  treasurer,  except  upon  an  order  of  the  circuit 
court,  circuit  court  commissioner,  or  judge  of  probate,  as  here- 
inafter provided. 

How.  5121. 


(4736)  SEC.  9.  Upon  satisfactory  evidence  being  presented 
to  the  circuit  court  of  the  county  where  such  real  estate  lies, 
that  such  judgment,  or  the  sum  ascertained  and  determined 
by  the  jury  as  the  just  compensation  to  'be  paid  by  such  dis- 
trict for  such  site,  has  been  paid,  or  that  the  amount  thereof 


GENERAL    SCHOOL     LAWS. 


has  been  deposited  according  to  the  provisions  of  the  preced- 

ing  sections,  such  court  shall,  by  an  order  or  decree,  adjudge  unvested  in 

and  determine  that  the  title  in  fee  of  such  real  estate  shall, 

from  the  time  of  making  such  payment  or  deposit,  forever 

thereafter  be  vested  in  such  school  district  and  its  successors 

and  assigns,  and  shall,  in  and  by  such  order  or  decree,  award 

to  such  school  district  a  writ  of  possession  for  the  recovery  of 

the  possession  of  such  real  estate;  a  copy  of  which  order  or 

decree,  certified  by  the  clerk  of  said  county,  shall  be  recorded  g 

in  the  office  of  the  register  of  deeds  of  such  county,  and  the  title 

of  such  real  estate  sfrall  thenceforth,  from  the  time  of  making 

such  payment  or  deposit,  be  vested  forever  thereafter  in  such 

district  and  its  successors  and  assigns  in  fee. 

How.  5122. 

• 

(4737)  SEC.  10.     Such  school  district  may,  at  any  time  after 
making  the  payment  or  deposit  hereinbefore  required,  enter 
upon  and  take  possession  of  such  real  estate  for  the  use  of 

said  district.     And  it  shall  be  the  duty  of  the  county  clerk  possesion 
of  said  county,  on  the  request  of  said  school  district,  to  issue 
out  of  and  under  the  seal  of  the  circuit  court  of  said  county  a 
writ  of  possession  as  awarded  in  such  order  or  decree;  which  writof 
writ  shall  be  directed  to  the  sheriff  of  said  county,  and  shall 
be  tested  and  made  .returnable,  and  shall  be  substantially,  so  JJ 
far  as  may  be,  in  the  same  form  provided  for  writs  of  posses- 
sion in  actions  of  ejectment;  and  it  shall  be  the  duty  of  such 
sheriff  thereupon  to  remove  the  respondent  or  respondents  in  sheriff  to 
such  proceedings,  and  all  persons  holding  under  them  or  either  respondent. 
of  them,  from  the  real  estate  described  in  such  decree  and  in 
such  writ,  and  deliver  the  possession  thereof  with  the  appur- 
tenances to  such  school  district. 

How.  5123. 

(4738)  SEC.  11.     In  case  the  jury  hereinbefore  provided  for  when  jury 

ill,  At.         j  i  -i    «       ii  disagrees,  pro- 

shall  not  agree,  another  jury  may  be  summoned  in  the  same  ceedmgs  may 
manner,  and  the  same  proceedings  may  be  had,  except  that  no  and  nje°w^J 
further  notice  of  the  proceedings  shall  be  necessary;  but  in-  summoned. 
stead  of  such  notice,  the  judge,  commissioner,  or  justice  may 
adjourn  the  proceedings  to  such  time  as  he  shall  think  reason- 
able, not  exceeding  thirty  days,  and  shall  make  the  process  to 
summon  a  jury  returnable  at  such  time  and  place  as  the  said 
proceedings  shall  be  adjourned  to.    Such  proceedings  may  be 
adjourned  from  time  to  time  by  the  said  judge,  or  commis- 
sioner, or  justice,  on  the  application  of  either  party,  and  for 
good  cause,  to  be  shown  by  the  party  applying  for  such  ad- 
journment, unless  the  other  party  shall  consent  to  such  ad-  Adjournment* 
journment;  but  such  adjournments  shall  not  in  all  exceed 
three  months. 

How.  5124. 


48 


GENERAL    SCHOOL    LAWS. 


Proceedings  (4739)  SEC.  12.  In  case  the  said  school-house  site  is  encum- 
incuameb?ances.  bcred  by  mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid, 
the  mortgagee,  or  other  parties  claiming  to  be  interested  in 
said  title,  shall  severally  be  made  a  party  to  the  procedure  as 
aforesaid,  and  shall  be  authorized  upon  the  filing  of  the  certif- 
icate of  the  jury  in  the  circuit  court  of  said  county,  to  appear 
before  the  circuit  judge  and  make  proof  relative  to  their  pro- 
portionate claims  to  the  said  site,  or  the  compensation  to  be 
made  therefor,  as  determined  by  said  jury.  And  the  said  cir- 
cuit  judge  shall,  by  decree,  settle  their  several  claims  in  accord- 
ance with  the  rights  of  the  parties  respectively,  and  may  divide 
the  sum  awarded  by  said  jury  between  the  claimants  as  in  his 
judgment  will  be  equitable  and  right,  rendering  against  said 
district  a  separate  judgment  for  each  of  the  amounts  so 
awarded. 


Duty  of 

' 


HOW  money 


How.  5125. 

(4740)  SEC.  13.  The  circuit  judge,  judge  of  probate,  or  cir- 
cu^  court  commissioner  of  any  county  where  any  money  has 
been  deposited  with  the  county  treasurer  of  such  county,  as 
hereinbefore  provided,  shall,  upon  the  written  application  of 
any  person  or  persons  entitled  to  such  money,  and  upon  receiv- 
ing satisfactory  evidence  of  the  right  of  such  applicant  to  the 
money  thus  deposited,  make  an  order,  directing  the  county 
treasurer  to  pay  the  money  thus  deposited  with  him  to  said 
applicant;  and  it  shall  be  the  duty  of  such  county  treasurer, 
on  the  presentation  of  such  order,  with  the  receipt  of  the  per- 
son named  therein,  indorsed  on  said  order  and  duly  acknowl- 
edged, in  the  same  manner  as  conveyances  of  real  estate  are 
required  to  be  acknowledged,  to  pay  the  same  ;  and  such  order, 
with  the  receipt  of  the  applicant  or  person  in  whose  favor  the 
same  shall  be  drawn,  shall,  in  all  courts  and  places,  be  pre- 
sumptive evidence  in  favor  of  such  county  treasurer,  to  exoner- 
ate him  from  all  liability  to  any  person  or  persons  for  said 
money  thus  paid  by  him. 

How.  5126. 

of^fficers^et"  (4741)  SEC.  14.  Circuit  judges,  circuit  court  commissioners, 
on  proceedings!  and  justices  of  the  peace,  for  any  services  rendered  under  the 
provisions  of  this  act,  shall  be  entitled  to  the  same  fees  and 
compensation  as  for  similar  services  in  other  special  proceed- 
ings. Jurors,  constables,  and  sheriffs  shall  be  entitled  to  the 
same  fees  as  for  like  services  in  civil  cases  in  the  circuit  court. 

How.  5127. 

ete^Snabhfio       (4742)  SEC.  15.     In  case  any  circuit  judge,  circuit  court  com- 

attend?  another  missioner,  or  justice  of  the  peace,  who  shall  issue  a  summons 

Sings!hpr°"  or  venire  for  a  jury,  shall  be  unable  to  attend  to  any  of  the 

subsequent  proceedings  in  such  case,  any  other  circuit  court 

commissioner  or  justice  of  the  peace  may  attend  and  finish 

said  proceedings. 

How.  5128. 


GENERAL    SCHOOL     LAWS.  49 


CHAPTER   IX.— APPEALS   FROM   ACTION   OF   INSPECTORS. 

(4743)  SECTION  1.     Whenever  any  five  or  more  tax-paying  Appeal 
electors,  having  taxable  property  within  any  school  district,  el 
shall  feel  themselves  aggrieved  by  any  action,  order,  or  deci- 
sion of  the  board  of  school  inspectors,  with  reference  to  the 
formation,  or  any  division,  or  consolidation  of  said  school  dis- 
trict, they  may,  at  any  time  within  sixty  days  from  the  time. 

of  such  action  on  the  part  of  said  school  inspectors,  appeal 
from  such  action,  order,  or  decision  of  said  board  of  school* 
inspectors  to  the  township  board  of  the  township  in  which? 
such  school  district  is  situated,  and  in  case  of  fractional  school 
districts,  notice  of  such  appeal  shall  be  served  on  the  clerk  of  districts 
the  joint  boards  of  school  inspectors  who  have  made  the  deci- 
sion appealed  from,  who  shall,  within  five  days,  give  notice 
thereof  to  the  township  boards  of  the  several  townships  in 
which  the  different  parts  of  said  fractional  school  district  are 
situated,  who  shall  have  power,  and  whose  duty  it  shall  be,  act- 
ing jointly,  to  entertain  such  appeal,  and  review,  confirm,  set 
aside,  or  amend  the  action,  order,  or  decision  of  the  board  of 
school  inspectors  thus  appealed  from;  or  if  in  their  opinion  the 
appeal  is  frivolous  or  without  sufficient  cause,  they  may  sum- 
marily dismiss  the  same. 

How.  5129.— Am.  1883,  p.  78;  App.  May  10;  Act  82. 

ACTION  OF  INSPECTORS:  The  board  of  inspectors  act  in  the  exercise 
of  a  public  discretionary  power  in  creating  or  changing  districts,  which  can 
be  reviewed,  if  at  all,  only  by  some  direct  appellate  process  which  operates 
upon  the  proceedings  themselves  to  affirm,  reverse  or  change  them.— Clement 
v.  Everest,  29  /  19. 

APPEAL:  The  appeal  to  the  town  board  is  not  on  legal  questions,  but 
transfers  to  them  the  same  discretionary  authority  which  the  inspectors  have 
when  there  is  no  appeal.  And  by  appealing,  the  parties  waive  those  ques- 
tions which  require  judicial  review  and  submit  themselves  to  the  discretion 
of  the  town  board;  and  a  certiorari  to  the  town  board  does  not  open  the  do- 
ings of  the  inspectors.— Brody  v.  Penn  Twp.  Board,  32  /  273.  Where  the  sum- 
mary method  of  reviewing  the  proceedings  by  appeal  has  not  been  resorted 
to,  there  should  be  some  special  and  extraordinary  reasons  appearing  to 
justify  a  resort  to  quo  warranto.— Lord  v.  Every,  38  /  405.  The  township 
board  has  jurisdiction  of  appeals  from  decisions  of  the  board  of  school  in- 
spectors fixing  the  amount  to  be  paid  by  an  old  school  district  to  a  new 
one,  where  the  latter  comprises  part  of  the  same  territory  and  the  former 
retains  the  school  property.— School  Dist.  v.  Wilcox,  48  /  404.  When  it  seems 
an  appeal  could  not  be  taken.— Sch.  Dist.  v.  Sch.  Dist.  63  /  57-8. 

(4744)  SEC.  2.     Said  appellants   shall,  before  taking   such  Appellants  to 
appeal,  make  out  and  file  with  the  board  of  school  inspectors,  !feS£SS* 
or  in  case  of  fractional  school  districts  to  the  clerk  of  the  joint  **m*£d  for 
boards  of  school  inspectors,  a  written  statement,  to  be  signed  ai 

by  said  appellants,  setting  forth  in  general  terms  the  action, 
order,  or  decision  of  the  board  or  boards  of  school  inspectors, 
with  respect  to  which  the  appellants  feel  themselves  aggrieved, 
and  their  demand  for  an  appeal  therefrom  to  the  township 
board  or  boards  of  said  township  or  townships,  and  shall  also 
cause  to  be  executed  and  signed  by  one  of  their  number,  and 
by  two  good  and  sufficient  sureties,  to  be  approved  by  the 
clerk  of  said  board  or  joint  boards  of  school  inspectors,  or  by 
any  justice  of  the  peace  of  the  township,  and  filed  with  the 
clerk  of  said  board  or  joint  boards  of  school  inspectors,  a 
7 


50 


GENERAL  SCHOOL  LAWS. 


Appellants  to 
execute  and 
file  bond. 


bond  to  the  people  of  the  state  af  Michigan  in  the  penal  sum  of 
two  hundred  dollars,  conditioned  for  the  due  prosecution  of 
said  appeal  before  said  township  board  or  boards  acting  joint- 
ly, and  also  in  case  of  the  dismissal  of  said  appeal  as  frivolous 
by  said  township  board  or  joint  boards,  for  the  payment  by 
said  appellants  of  all  costs  occasioned  to  the  township  or  town- 
ships [by  reason]  of  said  appeal. 

How.  5130.—  Am.  1883,  p.  78;  App.  May  10;  Act  82. 

BOND:  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and  It 
can  not  be  dispensed  with.—  Clement  v.  Everest,  29  /  21.  The  appeal  is  not 
complete  without  such  approval.—  Id. 


Duty  of  in- 
spectors when 
.appeal  is  filed. 


When  town- 
ship board 
deemed  in 
possession 
of  case. 


Proceedings 
in  the  appeal. 


When  members 

township 
board  cannot 
act  in  deter- 
mining case. 


(4745)  SEC.  3.  Upon  the  filing  of  such  appeal  papers  and 
bond  with  the  said  board  or  joint  boards  of  school  inspectors, 
the  said  board  or  joint  boards  of  school  inspectors  shall,  within 
ten  days  thereafter,  make  out  and  file  with  the  clerk  of  said 
township  in  which  the  said  school-house  is  located,  a  full  and 
complete  transcript  of  all  their  proceedings,  actions,  orders,  or 
decisions  with  reference  to  which  the  appeal  is  taken,  and  of 
their  records  of  the  same;  also,  said  bond  and  appeal  papers, 
and  all  petitions  and  remonstrances,  if  any,  with  reference  to 
the  matters  appealed  from;  and  upon  the  filing  of  the  same 
with  the  said  township  clerk,  the  said  township  board  or 
boards  shall  be  deemed  to  be  in  possession  of  the  case,  and  if 
the  return  'be  deemed  by  them  insufficient,  may  order  a  further 
and  more  complete  return  by  said  board  or  boards  of  school 
inspectors;  and  when  such  return  shall  by  them  be  deemed 
sufficient,  they  shall  proceed  with  the  consideration  of  the  ap- 
peal, at  such  time  or  times,  within  ten  days  after  such  return, 
and  in  such  manner  and  under  such  affirmation,  amendment, 
or  reversal  of  the  action,  order,  or  decision  of  the  board  or 
boards  of  school  inspectors  appealed  from,  as  in  their  judg- 
ment shall  seem  to  be  just  and  right;  or,  if  they  deem  the  ap- 
peal to  be  frivolous,  they  may  summarily  dismiss  the  same; 
but  the  decision  of  said  board  or  boards  of  school  inspectors 
shall  not  be  altered  or  reversed,  unless  a  majority  of  such  town- 
ship board  or  boards,  not  members  of  said  board  or  boards  of 
school  inspectors,  shall  so  determine. 

How.  5131.    See  cases  cited  in  notes  to  Section  4743. 


Graded  school 
district,  organ- 
izatk  n  of. 


Proviso. 


Trustee 
election  of. 


CHAPTER    X.— GRADED    SCHOOL    DISTRICTS. 

(4746)  SECTION  1.  Any  school  district  containing  more  than 
one  hundred  children  between  the  ages  of  five  and  twenty 
years  may,  by  a  two-thirds  vote  of  the  qualified  electors  pres- 
ent at  any  annual  or  special  meeting,  organize  as  a  graded 
school  district:  Provided,  That  the  intention  to  take  such 
vote  shall  be  expressed  in  the  notice  of  such  annual  or  special 
meeting.  When  such  change  in  the  organization  of  the  dis- 
trict shall  have  been  voted,  the  voters  at  such  annual  or  special 
meeting  shall  proceed  immediately  to  elect  by  ballot  from  the 
qualified  voters  of  the  district  one  trustee  for  the  term  of  one 


GENERAL    SCHOOL    LAWS.  51 

year,  two  for  the  term  of  two  years,  and  two  for  a  term  of 
three  years,  and  annually  thereafter  a  successor  or  successors 
to  the  trustee  or  trustees  whose  term  of  office  shall  expire: 
Provided,  also,  In  all  districts  organized  prior  to  the  year  Proviso, 
eighteen  hundred  and  eighty-three  there  shall  be  one  trustee 
elected  at  the  annual  meeting  for  the  year  eighteen  hundred 
and  eighty-three,  and  thereafter  there  shall  be  elected  a  trus- 
tee or  trustees  in  the  manner  aforesaid,  whose  term  of  office 
shall  be  three  years,  and  until  his  or  their  successor  or  succes- 
sors shall  have  been  elected  and  filed  his  or  their  acceptance: 
Provided,  also,  That  in  the  election  of  trustees,  and  all  other  Proviso, 
school  officers,  the  person  receiving  a  majority  of  all  the  votes 
shall  be  declared  elected. 

How.  5132.— Am.  1883,  p.  20;  App.  Apr.  18;  Act  28.— Am.  1885,  p.  14;  App.  Mar. 
13;  Act  18. 

Simpkins  v.  Ward,  45  /  562. 

GRADED  SCHOOL  DISTRICTS:  The  wisdom  of  the  graded-school-district 
act  was  vindicated  in  Stuart  v.  Sch.  Dist.,  30  /  69,  and  its  validity  determined. 
—Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439.  It  is  competent  under  the  constitu- 
tion to  provide  by  taxation  for  free  instruction  in  the  higher  departments 
of  education,  in  union  and  high  schools.— Stuart  v.  Sch.  Dist.,  30  /  69.  Union 
and  graded  schools,  whether  organized  under  the  general  law  or  created  by 
special  enactment  are  subject  to  the  general  primary  school  law,  except 
as  otherwise  provided  in  the  law  creating  them.— People  v.  Detroit  Board  of 
Education,  18  /  411;  Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  442. 

ALL  OTHER  OFFICERS:  The  term  "all  other  school  officers"  includes 
the  director,  moderator  and  assessor  of  primary  school  districts,  there  being 
no  others  to  whom  it  could  rerer,  as  the  trustees  are  the  only  officers  to  be 
•elected  in  graded  school  districts.— Cleveland  v.  Amy,  88  /  377. 

LEGISLATIVE  PROVISIONS:  The  constitution  does  not  require  an  abso- 
lute uniformity  in  school  districts  throughout  the  state  and  the  legislature 
has  not  so  construed  the  constitutional  provisions.  Uniformity  has  not  been 
kept  up;  graded  schools  have  been  established;  boundaries  of  districts 
changed  and  fixed  by  the  legislature;  and  the  qualifications  of  electors  at 
school  meetings  have  been  fixed,  limiting  the  classes  entitled  to  vote  and 
providing  exceptional  methods  of  electing  officers.  The  mayor  of  Grand 
Rapids  is  made  a  trustee  and  ex  officio  a  member  of  the  board  of  education; 
and  being  a  trustee  he  is  eligible  to  the  office  of  president  of  the  board. 
The  president  of  the  board  has  the  veto  power.  The  mayor  of  Alpena  is 
president  of  the  board  and  the  trustees  elected  constitute  the  board,  and 
exercise  all  the  powers  and  perform  the  duties  of  trustees.  The  mayor  of 
Detroit,  as  ex  officio  member  of  the  board  of  education,  has  the  veto  power, 
and  this  provision  is  constitutional.— Pingree  v.  Board  of  Education,  99  /  407-9. 
It  is  no  new  thing  for  the  legislature  to  fix  the  boundaries  of  school  districts. 
It  is  done  by  the  charter  of  nearly  every  city  or  village  in  the  state,  and  some 
of  them  go  so  far  as  to  provide  exceptional  methods  of  electing  officers  and 
limiting  the  classes  entitled  to  vote  (citing  Mudge  v.  Jones,  59  /  165).— Kewee- 
naw Ass'n  v.  Sch.  Dist.,  98  /  441.  And  in  Perrizo  v.  Kesler,  93  /  280,  an  act 
providing  for  the  organization  of  school  districts  from  entire  townships  was 
held  valid.— Id.  442. 

(4747)  SEC.  2.     Within  ten  days  after  their  election  such 
trustees  shall  file  with  the  director  acceptances  of.  the  offices 
to  which  they  have  been  elected,  and  shall  annually  elect  from  **<£ 
their  own  number  a  moderator,  a  director,  and  assessor,  and  22»cted8b°  be 
for  cause  may  remove  the  same,  and  may  appoint  others  of  trustees.7 
their  own  number  in  their  places,  who  shall  perform  the  duties 
prescribed  by  law  for  such  officers  in  other  school  districts  in 
this  state,  except  as  hereinafter  provided.     The  trustees  shall 
have  power  to  fill  any  vacancy  that  may  occur  in  their  number  Vacancy  iu 
till  the  next  annual  meeting.     Whenever,  in  any  case,  the  Imecu'  h°w 
trustees  shall  fail,  through  disagreement  or  neglect,  to  elect 
the  officers  named  in  this  section,  within  twenty  days  next 


nee 

offices  to  be 


52 


GENERAL    SCHOOL    LAWS. 


When 
inspectors 
shall  appoint 
officers. 


after  the  annual  meeting,  the  school  inspectors  of  the  town- 
ship or  city  to  which  such  district  makes  its  annual  report 
shall  appoint  the  said  officers  from  the  number  of  said  trustees. 


How.  5133. 


Duty  of 
trustees. 


To  classify 
pupils. 


To  establish 
high  school, 
etc. 


Proviso  as  to 
tuition. 


To  audit  and 
pay  directors' 
accounts. 


To  employ 


To  employ 
officers,  etc. 


Other  duties. 


(4748)  SEC.  3.  It  shall  be  the  duty  of  the  board  of  trustees 
in  any  graded  school  district: 

First,  To  classify  and  grade  the  pupils  attending  schools  in 
such  district  and  cause  them  to  be  taught  in  such  schools  or 
departments  as  they  may  deem  expedient; 

Second,  To  establish  in  such  district  a  high  school  when 
ordered  by  a  vote  of.  the  district  at  an  annual  meeting,  and  to 
determine  the  qualifications  for  admission  to  such  school,  and 
the  fees  to  be  paid  for  tuition  in  any  branch  taught  therein: 
Provided,  That  when  non-resident  pupils,  their  parents  or 
guardians,  shall  pay  a  school  tax  in  said  district,  the  same  shall 
be  credited  on  their  tuition  a  sum  not  to  exceed  the  amount 
of  such  tuition  'and  they  shall  only  be  required  to  pay  tuition 
for  the  difference  between  the  amount  of  the  tax  and  the 
amount  charged  for  tuition; 

Third,  To  audit  and  order  the  payment  of  all  [of]  the  ac- 
counts of  the  director  for  incidental  or  other  expenses  incurred 
by  him  in  the  discharge  of  his  duties;  but  no  more  than  fifty 
dollars  shall  be  expended  by  the  director  in  one  year  for  re- 
pairs of  the  buildings  or  appurtenances  of  the  district  property 
without  the  authority  of  the  board  of  trustees; 

Fourth,  To  employ  all  qualified  teachers  necessary  for  the 
several  schools,  and  to  determine  the  amount  of  their  compen- 
sation and  to  require  the  director  and  moderator  to  make  con- 
tracts with  the  same  on  behalf  of  the  district,  in  accordance 
with  the  provisions  of  law  concerning  contracts  with  teachers; 

Fifth,  To  employ  such  officers  and  servants  as  may  be  neces- 
sary for  the  management  of  the  schools  and  school  property, 
and  prescribe  their  duties  and  fix  their  compensation; 

Sixth,  To  perform  such  other  duties  as  are  required  of  dis- 
trict boards  in  other  school  districts. 

How.  5134.— Am.  1891,  p.  20;  App.  Apr.  2;  Eff.  Oct.  2;  Act  21. 

FIRST:  To  classify  and  grade.— People  v.  Detroit  Bd.  of  Ed.,  18  /  412.  Un- 
der our  system  it  is  common  and  convenient  to  have  the  various  grades 
in  one  building  and  there  is  nothing  illegal  in  it.— Hathaway  v.  New  Balti- 
more, 48  /  255.  The  authority  to  classify  and  grade  the  pupils  and  prescribe 
the  course  of  studies  confers  the  power  to  provide  for  teaching  music  and  to 
purchase  a  piano  for  such  purpose.— Knabe  v.  Board  of  Education,  67  /  262. 

FOURTH:  A  contract  with  a  qualified  teacher,  made  pursuant  to  a  res- 
olution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the 
director.— Farrel  v.  Sch.  Dist.,  98  /  43  (citing  Crane  v.  Sch.  Dist.,  61  /  299).  The 
board  has  power  to  employ  a  qualified  teacher  for  the  ensuing  year  prior  to 
the  annual  school  meeting.— Id.,  (citing  Tappan  v.  Sch.  Dist.,  44/500;  Cleve- 
land v.  Amy,  S8  /  374).  The  power  to  employ  teachers  conferred  upon  the 
district  boards  of  primary  schools  is  co-extensire  with  that  conferred  upon 
the  boards  of  trustees  of  graded  schools.— Cleveland  v.  Amy,  88  /  376.  Teach- 
ers in  graded  schools  are  required  to  have  certificates  in  the  same  manner  as 
teachers  in  primary  schools;  but  a  person  employed  by  the  board  to  superin- 
tend and  manage  the  schools  need  not  be  a  teacher  nor  have  a  teacher's 
certificate.— Davis  v.  Sch.  Dist.,  81  /  214.  The  trustees  are  empowered  to  em- 

§loy  all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to  be- 
ecided  by  their  sound  discretion.— Tappan  v.  Sch    Dist     44  /  502 


GENERAL  SCHOOL  LAWS.  53 

FIFTH:  The  power  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools.— Stuart  y.  Sch. 
Dist.,  30  /  85.  And  the  person  employed  as  superintendent  is  not  required  to 
be  a  teacher  or  to  have  a  teacher's  certificate.— Davis  v.  Sch.  Dist.,  81  /  219-20. 

(4749)  SEC.  4.     No  alterations  shall  be  made  in  the  bounda- 
ries of  any  graded  school  district,  without  the  consent  of  9,  consent  of 
majority  of  the  trustees  of  said  district,  which  consent  shall  M^S  change 
be  spread  upon  the  records  of  the  district,  and  placed  on  file 

in  the  office  of  the  clerk  of  the  board  of  school  inspectors  of 
the  township  or  city  to  which  the  reports  of  said  district  are 
made;  and  graded  school  districts  shall  not  be  restricted  to  such  districts 
nine  sections  of  land.  Stff1*1 

Provided,  however,  That  any  three  or  more  tax  paying  electors  hav-  Proviso. 
ing  children  between  the  ages  of  five  and  twelve  years,  residing  one  and 
one-half  mites  or  more  from  a  school  house  in  such  district,  feeling 
themselves  aggrieved  by  any  action,  order,  or  decision  of  the  board  of  trus- 
tees with  reference  to  the  alteration  of  said  school  district,  affecting 
tltrir  interests,  may,  at  any  time  within  sixty  days  from  the  time  of  such 
action  on  the  part  of  said  board  of  trustees,  appeal  from  such  action, 
order  or  decision  of  such  board  of  school  trustees,  to  the  judge  of  probate  of 
the  county  in  which  such  school  house  is  situated,  in  the  same  manner, 
as  nearly  as  may  be,  as  appeals  from  the  action  of  inspectors,  as  pro- 
vided by  chapter  nine  of  this  act.     Said  appellants   shall  file  a  bond  Appellants  to 
with  said  judge  of  probate,  with  sufficient  sureties,  to  be  approved  by  fil 
said  judge  of  probate,  in  the  penal  sum  of  two  hundred  dollars,  in- 
demnifying said  school  district  of  any  and  all  costs  made  on  such  ap- 
peal in  case  the  appellants  shall  not  prevail  therein.     Whereupon  said 
judge  of  probate  shall  be  empoivered  to  entertain  such  appeal,  and  re- 
view, confirm  or  set  aside  or  amend  the  action  of  the  board  of  trusiees 
appealed  from. 

NOTE.— The  italicized  paragraph  is  the  amendment  made  by  Act  No,  258, 
Public  Acts  of  1899. 

How.  5135. 

NO  ALTERATION:  This  provision  is  not  intended  to  take  from  the  board  A  Iteration  of 
of  supervisors  their  constitutional  power  to  erect  townships,  but  the  prohi-  boundaries, 
bition  applies  only  to  the  inspectors.— People  v.  Ryan,  19  /  207.  Township 
school  inspectors  cannot  enlarge  a  graded  school  district  by  adding  unor- 
ganized territory,  though  they  may,  with  the  consent  of  the  trustees,  trans- 
fer to  its  jurisdiction  territory  previously  organized  into  primary  districts.— 
Simpklns  v.  Ward,  45  /  559.  The  action  of  the  board  of  inspectors  in  detach- 
ing territory  from  a  graded  school  district  is  void,  unless  the  inspectors 
have  before  them  legal  evidence  of  a  consent  of  a  majority  of  the  trustees 
of  the  graded  school  district.— Burnett  v.  Inspectors,  97  /  103.  Addition  of 
territory  by  legislative  action.— Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439-41. 

NINE  SECTIONS:    Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439,  440. 

(4750)  SEC.  5.     Whenever  two  or  more  contiguous  districts,  Uniting  of 
having  together  more  than  one  hundred  children  between  the 

ages  of  five  and  twenty  years,  after  having  published  in  the 
notices  of  the  annual  meetings  of  each  district  the  intention 
to  take  such  action,  shall  severally,  by  a  vote  of  two-thirds  of 
the  qualified  voters  attending  the  annual  meetings  in  said  dis- 
tricts determine  to  unite  for  the  purpose  of  establishing  a 
graded  school  district  under  the  provisions  of  this  chapter,  the 
school  inspectors  of  the  township  or  townships  in  which  such 
districts  may  be  situated  shall,  on  being  properly  notified  of 
such  vote,  proceed  to  unite  such  districts,  and  shall  appoint  as 
soon  as  practicable,  a  time  and  place  for  a  meeting  of  the  new 


54 


GENERAL    SCHOOL    LAWS. 


district,  and  shall  require  three  notices  of  the  same  to  be 
posted  in  each  of  the  districts  so  united  at  least  five  days  be- 
fore the  time  of  such  meeting,  and  at  such  meeting  the  district 
shall  elect  a  board  of  trustees,  as  provided  in  section  one  of  this- 
chapter,  and  may  do  whatever  business  may  be  done  at  any 
annual  meeting. 

How.  5135a.— Added  1883,  p.  44;  App.  Apr.  27;  Act  53. 


Election  of 
board  of 
trustees. 


Duty  of 

trustees  in 
certain  cases, 
etc. 


to  change,  etc. 


(4751)  SEC.  6.  Whenever  the  trustees  of  any  organized 
graded  school  district  shall  be  presented  twenty  days  before  the 
annual  meeting  thereof  with  a  petition  signed  by  ten  electors- 
of  said  district,  stating  that  it  is  the  desire  of  said  petitioners 
that  at  the  annual  meeting  of  said  school  district  there  shall 
be  submitted  to  said  annual  meeting  the  proposition  to  change 
from  a  graded  school  district  to  one  or  more  primary  school 
districts  the  said  trustees  shall,  in  their  notice  of  such  annual 
meeting,  state  that  the  proposition  set  forth  in  said  petition 
will  be  presented  to  said  meeting,  and  if  two-thirds  of  the 
in  case  of  vote  qualified  voters  present  at  said  meeting  shall  vote  to  change 
to  one  or  more  primary  school  district  such  change  shall  be 
made,  and  it  shall  bo  the  duty  of  the  board  of  school  inspectors 
of  the  township  or  townships  in  which  such  district  is  situated, 
upon  being  duly  notified  of  such  vote  to  proceed  to  change  or 
divide  such  district  as  determined  by  such  annual  meeting, 
and  they  shall  provide  for  the  holding  of  the  first  meeting  in 
the,  or  each  of  the,  proposed  primary  school  districts  in  the 
same  manner  as  is  provided  for  by  law  for  the  organization  of 
primary  school  districts,  and  whenever  a  fractional  graded 
school  district  shall  be  so  changed,  the  township  boards  of 
school  inspectors  of  the  respective  townships  where  such 
graded  school  district  is  situated,  shall  organize  the  said  dis- 
trict into  one  or  more  primary  school  districts,  as  provided 
for  by  law. 

Added  1891,  p.  91;  App.  May  20;  Act  84. 


Township 
IJSnrtefnedbe 


Proviso. 


CHAPTER  XI.—  LIBRARIES. 

(4752)  SECTION  1.     A  township  library  shall  be  maintained 
in  eacn  organized  township,  which  shall  be  the  property  of  the 
township,  and  shall  not  be  subject  to  sale  or  alienation  from 
any  cause  whatever.    All  actions  relating  to  such  library,  or 
for  the  recovery  of  any  penalties  lawfully  established  in  rela- 
tion thereto,  shall  be  brought  in  the  name  of  the  township. 

How.  5136. 

(4753)  SEC.  2.     All  persons  who  are  residents  of  the  town- 
.  shiP  sha11  be  entitled  to  the  privileges  of  the  township  library, 

subject  to  such  rules  and  regulations  as  may  be  lawfully 
established  in  relation  thereto  :  Provided,  That  persons  resid- 
ing within  the  boundaries  of  any  school  district  in  which  a 


GENERAL    SCHOOL    LAWS.  55- 

district  library  has  been  established  shall  be  entitled  to  the 
privileges  of  such  district  library  only. 

How.   5137. 

• 

(4754)  SEC.  3.     The  township  board  of  school  inspectors  shall 
have  charge  of  the  township  library,  and  shall  apply  for  and  ]i 
receive  from  the  township  treasurer  all  moneys  appropriated  h 
for  the  township  library  of  their  township,  and  shall  purchase 
the  books  and  procure  the  necessary  appendages  for  such 
library. 

How.  5138. 

(4755)  SEC.  4.     Said  board  shall  be  held  accountable  for  the  iccouSie 
proper  care  and  preservation  of  the  township  library,  and  shall  for  care'  et°-< 

.  -,        «  .  .  , ,    y  of  library. 

have  power  to  provide  for  the  safe  keeping  of  the  same,  to 
prescribe  the  time  for  taking  and  returning  books,  to  assess 
and  collect  fines  and  penalties  for  the  loss  or  injury  of  said 
books,  and  to  establish  all  other  needful  rules  and  regulations 
for  the  management  of  the  library,  as  said  board  shall  deem 
proper,  or  the  superintendent  of  public  instruction  may  advise. 

How.  5139. 

(4756)  SEC.  5.     The  board  of  school  inspectors  shall  cause 

the  township  library  to  be  kept  at  some  central  or  eligible  Township 
place  in  the  township,  which  it  shall  determine.     Such  board  library- 
shall  also,  within  ten  days  after  the  annual  township  meeting, 
appoint  a  librarian,  for  the  term  of  one  year,  to  have  the  care  Librarian, 
and  superintendence  of  said  library,  who  shall  be  responsible  duties' etc- 
to  the  board  of  school  inspectors  for  the  impartial  enforcement 
of  all  rules  and  regulations  lawfully  established  in  relation  to 
said  library. 

How.  5140.— Am.  1883,  p.  105;  App.  May  24;  Eff.  Sept.  8;  Act  114. 

(4757)  SEC.  6.     Any  school  district,  by  a  two-thirds  vote  at  School  district. 
any  annual  meeting,  may  establish  a  district  library,  and  such 

district  shall  be  entitled  to  its  just  proportion  of  books  from 
the  library  of  any  township  in  which  it  is  wholly  or  partly 
situated,  to  be  added  to  the  district  library,  and  also  to  its 
equitable  share  of  any  library  moneys  remaining  unexpended  Entitled  to 
in  any  such  township  or  townships  at  the  time  of  the  establish- 
ment  of  such  a  district  library,  or  that  shall  thereafter  be 
raised  by  tax  in  such  township  or  townships,  or  that  shall 
thereafter  be  apportioned  to  the  township  to  the  inspectors  of 
which  the  annual  report  of  its  director  is  made. 

How.  5141.— Am.  1893,  p.  258;  App.  May  31;  Eff.  Aug.  28;  Act  158. 

(4758)  SEC.  7.     The  district  board  of  any  school  district  in  District  board 
which  a  district  library  may  be  established  in  accordance  with 

the  provisions  of  this  act,  shall  have  charge  of  such  library;  library. 
and  the  duties  and  responsibilities  of  said  district  board  in 
relation  to  the  district  library,  and  all  moneys  raised  or  ap- 


56  GENERAL    SCHOOL    LAWS 

portioned  for  its  support,  shall  be  the  same  as  those  of  the 
board  of  school  inspectors  are  to  the  township  library. 

How.  5142. 

Libraries  are  within  the  proper  range  of  school  apparatus;  and  there  is 
nothing  in  our  laws  which  cuts  off  public  corporations  from  accepting  benev- 
olent offerings  to  enable  them  to  extend  their  usefulness  and  benefit  their 
people,  by  enlarging  their  opportunities  for  culture  and  refinement  without 
multiplying  or  increasing  their  burdens.— Maynard  v.  Woodard,  36  /  425,  427. 

inspectors^         (4759)  SEC.  8.     The  school  inspectors  shall  give  in  their  an- 
sta£ticstory    nual  report  to  the  superintendent  of  public  instruction,  such 
tendeentpenn     facts  and  statistics  relative  to  the  management  of  the  town- 
ship library  and  the  library  moneys,  as  the  superintendent  of 
public  instruction  shall  direct;  and  the  district  board  of  any 
school  district  having  a  library,  shall  cause  to  be  given  in  the 
annual  report  of  the  director  to  the  board  of  school  inspectors, 
like  facts  and  statistics  relative  to  the  district  library,  which 
items  shall  also  be  included  by  the  said  inspectors  in  their 
annual  report. 

How.  5143. 

reTorf or uie  ai      (4760)  SEC.  9.     In  case  the  board  of  school  inspectors  of  any 
ISJeof  moneeygsa  township,  or  the  district  board  of  any  school  district,  shall  fail 
forfeiture  of      to  make  the  report  required  by  the  preceding  section,  or  in 
moneys^  ^         case  it  shall  appear  from  the  reports  so  made  that  any  town- 
ship or  school  district  has  failed  to  use  the  library  money  in 
strict  accordance  with  the  provisions  of  law,  such  township 
or  district  shall  forfeit  its  share  of  the  library  moneys  that  are 
apportioned,  and  the  same  shall  be  apportioned  to  the  several 
other  townships  and  districts  in  the  county  as  hereinafter  pro- 
Proviso,  vided :     Provided,  That  in  townships  where  the  boards  thereof 
shall  determine  and  report  to  the  superintendent  that  the 
public  will  be  better  served  by  using  the  said  money  for  gen- 
eral school  purposes,  no  such  forfeiture  shall  occur. 

How.  5144. 

state  superin-        (4761)  SEC.  10.     The  superintendent  of  public  instruction 

veideecotutn°typr0'  sha11  annually,  and  previous  to  the  tenth  day  of  May,  transmit 

statenSn1?         ^°  ^e  c^er^  °*  eacn  county  a  statement  of  the  townships  in 

his  county  that  are  entitled  to"  receive  library  moneys,  giving 

the  number  of  children  in  each  of  such  townships  between  the 

ages  of  five  and  twenty  years,  as  shall  appear  from  the  reports 

statement  to     °^  the  boards  of  school  inspectors  for  the  school  year  last  end- 

co  filetveSdto     *n^>  sa^  c^er^  shall  file  such  statement  in  his  office,  and  shall 

coSntfTrea?-     forthwith  furnish  a  copy  thereof  to  the  county  treasurer. 

urer. 

How.  5145. 

breachf°orf  enai      (4762)  SEC-  i1-     Tne  clear  proceeds  of  all  fines  for  any  breach 

iarwscto  t>epei  *  of  the  penal  laws  of  this  state  and  for  penalties  or  upon  any 

forpt°orwn°hfp      recognizance  in  criminal  proceedings,  and  all  equivalents  for 

a-brariesrict       exemption  from  military  duty  when  collected  in  any  county 

and  paid  into  the  county  treasury,  together  with  all  moneys 

heretofore  collected  and  paid  into  said  treasury  on  aceount 


tut"' 

GENERAL    SCHOOL    LAWS.  57 

of  such  fines  or  equivalents,  and  not  already  apportioned,  shall 
be  apportioned  by  the  county  treasurer  before  the  first  day  of 
June  in  each  year,  among  the  several  townships  in  the  county, 
according  to  the  number  of  children  therein,  between  the  ages 
of  five  and  twenty  years,  as  shown  by  the  statement  of  the 
superintendent  of  public  instruction  provided  for  in  the  pre- 
ceding section,  which  money  shall  be  exclusively  applied  to 
the  support  of  the  township  and  district  libraries,  and  to  no 
other  purpose. 

FINES,  ETC.:    See  Const,  xiii,  12,  and  notes  thereto. 

How.  5146.— Am.  1895,  p.  96;  App.  March  8;  Eff.  Aug.  30;  Act.  15. 

(4763)  SEC.  12.     The  qualified  voters  of  each  township  shall  'J£te£^JJ 
have  power  at  any  annual  township  meeting,  to  vote  a  tax  for  SupportXof°r 
the  support  of  libraries  established  in  accordance  with  the  pro- llbranes- 
visions  of  this  act,  and  the  qualified  voters  of  any  school  dis- 
trict, in  which  a  district  Horary  shall  be  established,  shall 

"have  power,  at  any  annual  meeting  of  such  district,  to  vote  a 
district  tax  for  the  support  of  said  district  library.     When 
any  tax  authorized  by  this  section  shall  have  been  voted,  it  ^ported,*0  be 
«hall  be  reported  to  the  supervisor,  levied,  and  collected  in  the  assessed  and 
«ame  manner  as  other  township  and  school  district  taxes. 

How.    5147. 

(4764)  SEC.  13.     The  district  board  of  any  school  district 
may  donate  or  sell  any  library  book  or  books  belonging  to 
such  district  to  the  board  of  school  inspectors  of  the  township  iibrary.l 
or  townships  in  which  said  district  is  wholly  or  partly  situated, 
which  book  or  books  shall  thereafter  form  a  part  of  the  town- 
ship library. 

How.  5148.    (Sec.  14  was  repealed  by  act  194  of  1889.    How.  5149.) 


CHAPTER   XIII.— PENALTIES   AND   LIABILITIES. 

(4765)  SECTION  1.    Any  taxable  inhabitant  of  a  newly  formed 

district  receiving  the  notice  of  the  first  meeting,  who  shall  neglect  of  duty. 

neglect  or  refuse  duly  to  serve  and  return  such  notice,  and 

•every  chairman  of  the  first  district  meeting  in  any  district,  who 

shall  willfully  neglect  or  refuse  to  perform  the  duties  enjoined 

on  him  in  this  act,  shall  respectively  forfeit  the  sum  of  five 

dollars. 

How.  5163. 

(4766)  SEC.  2.     Any  person   duly  elected   to  the  office  of  Penalty  on 
moderator,  director,  assessor,  or  trustee  of  a  school  district, 

who  shall  neglect  or  refuse,  without  sufficient  cause,  to  accept 
such  office  and  serve  therein,  or  who,  having  entered  upon  the 
duties  of  his  office,  shall  neglect  or  refuse  to  perform  any  duty 
8 


58 


GENERAL  SCHOOL  LAWS. 


required  of  him  by  virtue  of  his  office,  shall  forfeit  the  sum  of 
ten  dollars. 

How.   5164. 

Hinman  v.  Sch.  Dist.,  4  /  170. 

If  the  district,  by  an  officer's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  or  judgment,  the  district  in  its  corporate  capacity  must  recover  the 
amount,  but  individual  citizens,  who  have  been  taxed  to  satisfy  the  judgment, 
cannot  recover  their  taxes  from  such  officer.— Wall  v.  Eastman,  1  /  268. 


Penalty  on« 
inspector  for 
neglect  or 
refusal. 


Liability  of 
inspector  for 
neglecting  to 
report. 


Liability  of 
township  clerk. 


Liability  of 
county  clerk 
for  neglect 
to  transmit 
reports. 


How  moneys 
collected  on 
account  of 
neglect 
disposed  of. 


(4767)  SEC.   3.    Any  person  duly  elected  or  appointed   a 
school  inspector,  who  shall  neglect  or  refuse,  without  sufficient 
cause,  to  qualify  and  serve  as  such,  or  who,  having,  entered 
upon  the  duties  of  his  office  shall  neglect  or  refuse  to  perform 
any  duty  required  of  him  by  virtue  of  his  office,  shall  forfeit 
the  sum  of  ten  dollars. 

How.  5165. 

(4768)  SEC.  4.  If  any  board  of  school  inspectors  shall  neglect 
or  refuse  to  make  and  deliver  to  the  township  clerk  their  an- 
nual report  as  required  by  this  act,  within  the  time  limited 
therefor,  they  shall  be  liable  to  pay  the  full  amount  of  money 
lost  by  their  failure,  with  interest  thereon,  to  be  recovered  by 
the  township  treasurer  in  the  name  of  the  township,  in  an 
action  of  debt,  or  on  the  case;  and  if  any  township  clerk  shall 
neglect  or  refuse  to  transmit  the  report  herein  mentioned 
within  the  time  limited  therefor,  he  shall  be  liable  to  pay  the 
full  amount  lost  by  such  neglect  or  refusal,  with  interest 
thereon,  to  be  recovered  in  an  action  of  debt,  or  on  the  case. 

How.   5166. 

(4769)  SEC.  5.    Any  county  clerk  who  shall  neglect  or  refuse 
to  transmit  to  the  superintendent  of  public  instruction  the 
reports  required  by  this  act,  within  the  time  therefor  limited, 
shall  be  liable  to  pay  to  each  township  the  full  amount  which 
such  township,  or  any  school  district  therein,  shall  lose  by 
such  neglect  or  refusal,  with  interest  thereon,  to  be  recovered 
in  an  action  of  debt,  or  on  the  case. 

How.  5167. 

(4770)  SEC.  6.    All  the  moneys  collected  or  received  by  any 
township  treasurer  under  the  provisions  of  either  of  the  two 
last  preceding  sections,  shall  be  apportioned  and  distributed 
to  the  school  districts  entitled  thereto,  in  the  same  manner 
and  in  the  same  proportion  that  the  moneys  lost  by  any  neglect 
or  refusal  therein  mentioned  would,  according  to  the  provi- 
sions of  this  act,  have  been  apportioned  and  distributed. 

How.  5168. 

(4771)  SEC.  7.    Any  township  clerk  who  shall  neglect  or  re- 
fuse to  certify  to  the  supervisor  any  school  district  taxes  that 
have  been  reported  to  him  as  required  by  this  act,  and  any 


GENERAL    SCHOOL    LAWS. 


59 


supervisor  willfully  neglecting  to  assess  any  such  tax  shall  be  » 

liable  to  any  district  for  any  damage  occasioned  thereby,  to  be  and  supervisor 
recovered  by  the  assessor  in  the  name  of  the  district,  in  an 
action  of  debt,  or  on  the  case. 

How.  5169. 

(4772)  SEC.  8.    The  township  board  of  each  township,  and  2 
in  the  case  of  fractional  school  districts,  the  township  board  of  £emx>ve  certain 
the  township  in  which  the  district  school-house  thereof  is  ° 
situated,  shall  have  power  and  is  hereby  required  to  remove 
from  office,  upon  satisfactory  proof,  after  at  least  five  days' 
notice  to  the  party  implicated,  any  district  officer  or  school  in- 
spector who  shall  have  illegally  used  or  disposed  of  any  of  the 
public  moneys  entrusted  to  his  charge,  or  who  shall  persis- 
tently and  without  sufficient  cause  refuse  or  neglect  to  dis- 
charge any  of  the  duties  of  his  office.    And  in  case  of  such 
removal  it  shall  be  the  duty  of  the  township  clerk  of  such 
township  to  enter  in  the  records  of  such  township  the  resolu-  for  removal. 
tion  or  order  of  such  board,  for  such  removal;  and  such  record 
of  such  resolution  or  order  so  entered,  or  a  certified  copy 
thereof,  shall  be  prima  facie  evidence  in  all  courts  and  places 
of  the  jurisdiction  of  such  board  and  of  the  regularity  of  the 
proceedings  for  such  removal,  and  (unless  the  party  so  removed 
shall,  within  thirty  days  after  such  removal,  institute  pro-  podga fo 
ceedings  before  a  court  of  competent  jurisdiction  for  the  re-  Sffg 
moval  of  such  order  for  removal,  or  if  after  such  thirty  days  shipboard 
such  proceedings  to  obtain  such  removal  shall  be  discontinued 
or  dismissed)  shall  be  conclusive  evidence  of  jurisdiction  and 
regularity,  if  it  shall  appear  that  the  party  so  removed  had 
five  day's  notice  of  the  time  and  place  fixed  by  said  board  for 
the  hearing  of  the  case  as  aforesaid. 

How.  5170. 

REMOVAL,:  When  a  member  of  the  board  is  interested  in  the  subject  for 
consideration  in  the  matter  of  removal,  he  is  not  competent  to  act.— Stock  well 
v.  Twp.  Bd.  of  White  Lake,  22  /  341.  When  interest  deemed  too  remote  to  dis- 
qualify.— Hamtramck  Twp.  Board  v.  Holihan,  46  /  127.  Proceedings  to  re- 
move are  not  invalidated  because  the  board  did  not  meet  to  agree  on  the 
notice  under  which  the  proceedings  were  taken.— Wenzel  v.  Dorr  Twp.  Bd., 
49  /  25.  The  statute  contemplates  that  no  steps  shall  be  taken  until  the 
action  of  the  proper  authorities  has  been  invoked  by  complaint  of  some 
definite  violation  of  duty.  But  preliminary  formalities  may  be  waived.— 
Geddes  v.  Thomastown  Twp.,  46  /  318.  The  action  of  the  board  is  final  unless 
speedily  brought  up  for  review.— Id.  The  proceedings  are  in  the  nature  of  a 
judicial  investigation.— Stockwell  v.  White  Lake  Twp.  Board,  22  /  341. 

CAUSES  FOR  REMOVAL:  The  township  board  is  the  exclusive  judge  of 
the  facts  on  which  it  is  authorized  to  remove  a  school  officer.— Hamtramck 
Twp.  Bd.  v.  Holihan,  46  /  127.  Refusal  to  sign  the  director's  orders  for  the 
payment  of  money  is  not  alone  sufficient  cause  for  removal  of  the  moderator, 
for  he  has  a  right  to  determine  for  himself  whether  the  order  should  be 
issued.— Stockwell  v.  White  Lake  Twp.  Bd.,  22  /  341.  Persistent  refusal  by  a 
director,  without  cause,  to  make  needed  repairs  in  the  school-house  furniture, 
etc.,  is  sufficient  cause  for  removal.— Hamtramck  Twp.  Bd.  v.  Holihan, 
46  /  127.  Wilful  refusal  of  a  director  to  sign  a  teacher's  contract,  or  to 
accept  and  file  it,  or  to  draw  pay  orders  under  the  contract,  and  obstinate 
neglect  to  furnish  necessary  school  supplies  may  be  taken  into  account  in 
proceedings  for  removal.— Geddes  v.  Thomastown,  46  /  316.  A  woman  moder- 
ator cannot  be  removed  for  hiring  her  husband  to  teach  the  school.— Hazen 
v.  Akron  Twp.  Bd.,  48  /  188.  Nor  a  director  for  the  purchase,  in  his  discretion, 
of  new  seats  for  the  school-house,  under  an  order  of  the  annual  meeting 
"to  fix  the  school-house  for  the  winter  term."— McLaren  v.  Akron  Twp.  Bd., 
48  /  189. 

CERTTORARI:  Lies  to  review  the  proceedings  of  a  township  board  in  re- 
moving a  school  officer.— Stockwell  v.  White  Lake  Twp.  Bd.,  22  /  341;  Craw- 
ford v.  Twp.  Boards,  22  /  405;  24/248;  Merrick  v.  Arbela  Twp.  Bd.,  41  /  630 
But  mere  insufficiency  of  evidence  to  establish  the  cause  for  removal  will 


<50 


'GENERAL    SCHOOL    LAWS. 


not  warrant  a  reversal  of  the  board's  determination,  the  board  being  the 
exclusive  judge  of  the  facts.— Haratramck  Twp.  Bd.  v.  Holihan,  46  /  127. 
Township  clerk's  return  as  to  testimony  taken  by  the  board  presumed  true.— 
Taylor  v.  Shimmel,  65  N.  W.  548. 


School  officers 
and  teachers 
not  to  act  as 
acho61  book 
.agents,  etc. 


'School  officers 
.not  to  be  inter- 
ested in  con- 
tracts in 
«ertain  cases. 
"Such  acts 
•deemed 
misdemeanors. 


(4773)  SEC.  9.  No  school  officer,  superintendent,  or  teacher 
of  schools,  shall  act  as  agent  for  any  author,  publisher,  or 
seller  of  school  books,  or  shall  directly  or  indirectly  receive  any 
gift  or  reward  for  his  influence  in  recommending  the  purchase 
or  use  of  any  library  or  school  book  or  school  apparatus,  or 
furniture  whatever,  nor  shall  any  school  officer  be  personally 
interested  in  any  way  whatever  in  any  contract  with  the  dis- 
trict in  which  he  may  hold  office.  Any  act  or  neglect  herein 
prohibited,  performed  by  any  such  officer,  superintendent,  or 
teacher,  shall  be  deemed  a  misdemeanor. 

How.  5171. 


SEC-  10-  All  provisions  of  this  act  shall  apply  and  be 
in  force  in  every  school  district,  township,  city  and  village  in 
this  state,  except  such  as  may  be  inconsistent  with  the  direct 
i  pro  visions  of  some  special  enactment  of  the  legislature. 

How.  5172.  Sec.  11  repeals  chaps.  131,  136,  137,  138  of  C.  L,.  1871;  act  42  of 
1875;  acts  amendatory  thereof  (acts  41,  42,  56  and  63  of  1872;  44,  69,  71,  76,  98, 
'111,  132,  164  and  193  of  1873;  36,  51,  84,  94,  106,  167,  183  and  230  of  1875;  77  and  173 
of  1877;  44,  46,  159,  164,  254,  255  and  264  of  1879);  "and  all  other  acts  and  parts  of 
acts  contravening  the  provisions  of  this  act."  How.  5173. 

ELECTIONS  LEGALIZED:  Act  16  of  1879,  p.  12  (How.  5174)  provides  "that 
the  action  heretofore  had  of  the  electors  in  each  and  every  school  district  In 
this  state,  in  electing  the  officers  of  such  districts  in  any  other  manner  than 
•by  ballot,  is  hereby  declared  legal  and  valid." 


'CHAPTER  117.— MISCELLANEOUS  PROVISIONS  RELA- 
TIVE TO  EDUCATION  AND  THE  SCHOOLS. 


ifi?  An  18T9'  P«  AN  ACT  to  regulate  the  uniformity  of,  and  to  provide  FREE  SCHOOL 
i«?'  TEXT-BOOKS  in  public  schools  throughout  the  State,  and  the  distri- 

bution of  the  same,  and  to  repeal  all  statutes  and  acts  contravening 
the  provisions  of  this  act. 

(4775)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  from  and  after  June  thirtieth,  eighteen  hundred  and 
ninety,  each  school  board  of  the  state  shall  purchase,  when 
authorized,  as  hereinafter  provided,  the  text-books  used  by  the 
pupils  of  the  schools  in  its  district  in  each  of  the  following  sub- 
jects, to  wit:  Orthography,  spelling,  writing,  reading,  geog- 
raphy, arithmetic,  grammar  (including  language  lessons),  na- 
tional and  state  history,  civil  government,  and  physiology  and 
hygiene;  but  text-books  once  adopted  under  the  provisions  of 
this  act  shall  not  be  changed  within  five  years:  Provided, 
That  the  text-book  on  the  subject  of  physiology  and  hygiene 
must  be  approved  by  the  state  board  of  education,  and  shall  in 
every  way  comply  with  section  fifteen  of  act  number  one  hun- 
dred and  sixty-five  of  the  public  acts  of  eighteen  hundred  and 
eighty-seven,  approved  June  ninth,  eighteen  hundred  and 


When  board  to 
purchase 
text  books. 


Subjects. 


Change 
\Proriso. 


GENERAL    SCHOOL    LAWS.  61 

eighty-seven:  And  provided  further,  That  all  text-books  used 
in  any  school  district  shall  be  uniform  in  any  one  subject. 

How.  5174a.    The  section  above  referred  to  Is  Section  4680. 

FREE  TEXT-BOOKS:  It  has  never  been  claimed  that  school  boards  have 
the  power  to  furnish  free  text-books  except  by  virtue  of  special  legislation.— 
Bd.  of  Education  v.  Detroit,  80  /  548. 

(4776)  SEC.  2.     The  district  board  of  each  school  district 
shall  select  the  kind  of  text-books  on  subjects  enumerated  in 
section  one  to  be  taught  in  schools  of  their  respective  districts  : 
Provided,  That  nothing  herein  contained  shall  require  any 
change  in  text-books  now  in  use  in  such  district.     They  shall 
cause  to  be  posted  in  a  conspicuous  place,  at  least  ten  days 
prior  to  the  first  annual  school  meeting  from  and  after  the 
passage  of  this  act,  a  notice  that  those  qualified  to  vote  upon 
the  question  of  raising  money  in  said  district  shall  vote  at  such 
annual  meeting  to  authorize  said  district  board  to  purchase  and 
provide  free  text-books  for  the  use  of  the  pupils  in  said  district. 
If  a  majority  of  all  the  voters  as  above  provided  present  at 
such  meeting  shall  authorize  said  board  to  raise  by  tax  a  sum 
sufficient  to  comply  with  the  provisions  of  this  act,  the  district 
board  shall  thereupon  make  a  list  of  such  books  and  file  one 
copy  with  the  township  clerk  and  keep  one  copy  posted  in  the 
school,  and  due  notice  of  such  action  by  the  district  shall  be 
noted  in  the  annual  report  to  the  superintendent  of  public 
instruction.     The  district  board  shall  take  the  necessary  steps 
to  purchase  such  books  for  the  use  of  all  pupils  in  the  several 
schools  of  their  district,  as  hereinafter  provided.     The  text- 
books so  purchased  shall  be  the  property  of  the  district  pur- 
chasing  the  same,  and  shall  be  loaned  to  pupils  free  of  charge,  district,  eta. 
under  such  rules  and  regulations  for  their  careful  use  and  re- 

turn as  said  district  board  may  establish:  Provided,  That 
nothing  herein  contained  shall  prevent  any  person  from  buy- 
ing his  or  her  books  from  the  district  board  of  the  school  in 
which  he  or  she  may  attend:  Provided  further,  That  nothing 
herein  contained  shall  prevent  any  district  having  once  adopted 
or  rejected  free  text-books  from  taking  further  action  on  the 
same  at  any  subsequent  annual  meeting. 

How.  5174b. 

(4777)  SEC.  3.     It  shall  be  the  duty  of  the  district  board  of  Board  to 
any  school  district  adopting  free  text-books  provided  for  in 

this  act  to  make  a  contract  with  some  dealer  or  publisher  to  Proviso. 
furnish  books  used  in  said  district  at  a  price  not  greater  than 
the  net  wholesale  price  of  such  books:     Provided,  That  any 
district  may,  if  it  so  desires,  authorize  its  district  board  to  ad- 
vertise for  proposals  before  making  such  contract. 

How.  5174c. 


(4778)  SEC.  4.     The  district  board  of  every  school  district 
in  the  state  adopting  free  text-books  under  this  act  shall  make  mate  of  amount 
and  prepare  annually  an  estimate  of  the  amount  of  money  t( 
necessary  to  be  raised  to  comply  with  the  conditions  of  this 


62  GENERAL  SCHOOL  LAWS. 

act,  and  shall  add  such  amount  to  the  annual  estimates  made 
for  money  to  be  raised  for  school  purposes,  for  the  next  ensu- 
ing year.  Said  sum  shall  be  in  addition  to  the  amount  now 
provided  by  law  to  be  raised;  which  amount  each  township 
clerk  shall  certify  to  the  supervisor  of  his  township  to  be 
assessed  upon  the  taxable  property  of  the  respective  districts 
as  provided  by  law  for  raising  the  regular  annual  estimates 
of  the  respective  district  boards  for  school  purposes,  and 
when  collected  shall  be  paid  to  the  district  treasurer  in  the 
same  manner  as  all  other  money  belonging  to  said  district  is 
paid. 

How.  5174d. 

(4779)  SEC.  5.     On  the  first  day  of  February  next  after  the 
tax  shall  have  been  levied,  the  director  of  said  district  may 
proceed  to  purchase  the  books  required  by  the  pupils  of  his 
district  from  the  list  mentioned  in  section  one  of  this  act,  and 
shall  draw  his  warrant,  countersigned  by  the  moderator,  upon 
the  treasurer  or  assessor  of  the  district  for  price  of  the  books 
so  purchased,  including  the  cost  of  transportation. 

How.  5174e. 

(4780)  SEC.  6.     If  the  officers  of  any  school  district,  which 
has  so  voted  to  supply  itself  with  text-books,  shall  refuse  or 
neglect  to  purchase  at  the  expense  of  the  district  for  the  use 
of  the  pupils  thereof,  the  text-books  as  enumerated  in  section 
one  of  this  act,  or  to  provide  the  money  therefor  as  herein  pre- 
scribed, each  officer  or  member  of  such  board  so  refusing  or 
neglecting  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  a  court  of  competent  jurisdiction. 

Penalty.          shall  be  liable  to  a  penalty  of  not  more  than  fifty  dollars  or 
imprisonment  in  the  county  jail  for  a  period  not  exceeding 
thirty  days,  or  by  both  such  fine  and  imprisonment,  in  the 
Proviso.  discretion  of  the  court:     Provided,  That  any  district  board 

may  buy  its  books  of  local  dealers  if  the  same  can  be  purchased 
and  delivered  to  the  director  as  cheaply  as  if  bought  of  the 
party  who  makes  the  lowest  bid  to  the  district  board:    Pro- 
Further  vided  further,  That  school  districts  in  cities  organized  under 

special  charters  shall  be  exempt  from  the  provisions  of  this 
act,  but  such  districts  may,  when  so  authorized  by  a  majority 
in  cities  boards  vote  of  their  district  boards,  submit  the  question  of  free  text- 
qJStionto1       books  to  the  qualified  voters  of  said  districts.     If  a  majority 
district?*          °f  t*16  qualified  electors  vote  in  favor  of  furnishing  free  text- 
books, such  district  boards  shall  have  authority  tp  proceed 
under  the  provisions  of  this  act. 

How.   5174f. 

SPECIAL  CHARTERS:  The  action  of  the  Detroit  board  of  education,  In 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  sec- 
tion, was  held  absolutely  void.— Bd.  of  Ed.  v.  Detroit,  80  /  551. 

(Sections  4775-4790,  known  as  the  Uniform  Text-Book  Bill  were  repealed  by 
Act  No.  27,  Public  Acts  of  1899.) 


GENERAL    SCHOOL    LAWS.  63 


An  Act  to  prescribe  and  define  a  course  of  studies  to  be  taught  in  the  Act  isi,  WOT,  P. 
district  schools  of  this  State  which  shall  be  fcnown  as  the  AGRICUL-  ^-EffAug^ 
TURAL  COLLEGE  COURSE. 

(4791)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  the  superintendent  of  public  instruction  shall  prepare 
for  district  schools  a  course  of  study,  comprising  the  branches 
now  required  for  third  grade  certificates,  which  shall  be  known 
and  designated  "the  agricultural  college  course,"  and  upon 
the  satisfactory  completion  of  this  course  of  study,  as  evi- 
denced by  a  diploma  or  certificate,  duly  signed  by  the  county 
commissioner  of  schools,  pupils  shall  be  admitted  to  the  fresh- 
man class  of  the  agricultural  college  without  further  examina- 
tion. It  shall  be  the  duty  of  the  secretary  of  the  agricultural  Staio|ue  to 
college  each  year  to  send  to  each  rural  school  district  in  the 
state  a  college  catalogue,  and  upon  application  to  furnish  to 
such  schools  such  other  information  as  may  be  desired  rela- 
tive to  said  college.  Such  catalogue  and  other  information 
shall  be  kept  in  each  school  for  reference. 


An  Act  authorizing  the  introduction  of  the  KINDERGARTEN  METH-  Act  119,  1891,  p. 
OD  in  the  public  schools  of  this  State.  P7^ 


(4792)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 

That  in  addition  to  the  duties  imposed  by  law  upon  the  district  ™*dot  district 
board  of  every  school  district  in  this  state,  they  shall  also  be 
empowered  to  provide  a  suitable  room  or  apartment  for  kinder- 
garten work,  and  to  supply  their  district  respectively  with  the 
necessary  apparatus  and  appliances  for  the  instruction  of 
children  in  what  is  known  as  the  kindergarten  method. 

(4793)  SEC.  2.     In  the  employment  of  teachers  it  shall  be  ^f 
competent  for  such  district  board  to  require  qualifications  for  ° 
instruction  of  children  in  kindergarten  methods,  and  the  dis- 
trict board  may  provide  by  contract  with  the  teacher  for  such 
instruction,  specifying  the  hours  and  times  therefor  under 
such  rules  as  the  district  board  may  prescribe. 

(4794)  SEC.  3.     All  children  residing  within  the  district  be- 
tween  the  ages  of  four  and  seven  shall  be  entitled  to  instruc- 
tions  in  the  kindergarten  department  of  such  district  school. 

(4795)  SEC.  4.     The  powers  and  duties  herein  imposed  or 
conferred  upon  the  district  shall  also  be  and  the  same  are 
hereby  imposed  and  conferred  upon  the  school  trustees  or 
board  of  education  or  other  body,  by  whatever  name  known, 
managing  or  controlling  the  public  schools  in  each  city  and  vil- 
lage of  this  state;  and  this  act  is  hereby  made  applicable  to 
every  public  school  organized  by  special  act  or  by  charter  as 
fully  as  if  they  were  named  herein. 


64 


GENERAL    SCHOOL    LAWS. 


Act  146, 1895.  p.  An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by  which- 
"5;  App.May      the  DANGEROUS   COMMUNICABLE   DISEASES  are  spread,  and 
the  best  methods  for  the  restriction  and  prevention  of  such  diseases. 


1C 


Methods  for 
restriction  and 
prevention  of 
dangerous 
diseases  shall 
be  taught  in 
public  schools 


Penalty  for 
neglect  or 
refusal  to 
comply  w  ith 
provisions 
of  this  act. 


(4796)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 
That  there  shall  be  taught  in  every  year  in  every  public  school 
in  Michigan  the  principal  modes  by  which  each  of  the  danger- 
ous communicable  diseases  are  spread,  and  the  best  methods 
for  the  restriction  and  prevention  of  each  such  disease.     The 
state  board  of  health  shall  annually  send  to  the  public  school 
superintendents  and  teachers  throughout  this  state  printed 
data  and  statements  which  shall  enable  them  to  comply  with 
this  act.     School  boards  are  hereby  required  to  direct  such 
superintendents  and  teachers  to  give  oral  and  blackboard  in- 
struction, using  the  data  and  statements  supplied  by  the  state 
board  of  health. 

(4797)  SEC.  2.     Neglect  or  refusal  on  the  part  of  any  super- 
intendent or  teacher  to  comply  with  the  provisions  of  this  law 
shall  be  considered  a  sufficient  cause  for  dismissal  from  the 
school  by  the  school  board.    Any  school  board  willfully  neg- 
lecting or  refusing  to  comply  with  any  of  the  provisions  of  thi» 
act  shall  be  subject  to  fine  the  same  as  for  neglect  of  any 
other  duty  pertaining  to  their  office.    This  act  shall  apply  to 
all  schools  in  this  state,  including  schools  in  cities  or  villages, 
whether  incorporated  under  special  charter  or  under  the  gen- 
eral laws. 


approval 
May  16. 


general 
to  draw  war- 
rants. 


Act  142,  1897,  p.  An  Act  making  an  appropriation"  for  the  use  of  the  State  Board  of 
no.  Became  Health,  to  enable  it  to  comply  with  act  one  hundred  and  forty-six,  of 
the  Public  acts  of  eighteen  hundred  -  and  ninety-five,  entitled  "An  actta 
provide  for  teaching  in  the  public  schools  the  modes  by  which  the 
DANGEROUS  COMMUNICABLE  DISEASES  are  spread  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases." 

(4798)  SECTION  1.     The  People  of  the  State  of  Michigan  enact? 
That  the  sum  of  two  thousand  five  hundred  dollars  per  annum, 
is  hereby  appropriated  out  of  the  general  fund,  to  enable  the 
state  board  of  health  to  comply  with  section  one  of  act  one 
hundred  and  forty-six  of  the  public  acts  of  eighteen  hundred 
and  ninety-five.     Itemized  bills  for  expenses  incurred  under 
this  act  shall  be  audited  by  the  state  board  of  health,  where- 
upon the  auditor  general   shall   draw   his   warrant   for   the 
amounts   allowed,   not  exceeding  the  amount  appropriated, 
and  the  amounts  thus  allowed  shall  be  paid  from  the  state 
treasury. 

(4799)  SEC.  2.     The  auditor  general  shall  add  to  and  incor- 
porate with  the  taxes  for  each  year  the  amount  above  appro- 
priated, which,  when  collected,  shall  be  passed  to  the  credit 
of  the  proper  fund. 


Taxes  when 
collected, 
disposition  of. 


GENERAL    SCHOOL    LAWS.  65 


An  Act  to  provide  for  the  PUBLICATION   OF  THE  PROCEEDINGS  Act  185,  1897.  p, 
OF  THE   ANNUAL   SCHOOL  MEETING,   and  an  annual  financial  ^Jmlug.Yo. 
statement  in  graded  school  districts   in   which  a  newspaper  is  pub- 
lished, and  to  provide  for  the  expense  thereof,  and  fixing  a  penalty  for 
failure  to  make  such  publication. 


(4800)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 

That  previous  to  the  third  Monday  in  September  of  every  year,  etc"  required. 

the  board  of  education,,  or  board  of  trustees,  as  the  case  may 

be,  of  any  graded  school  district  in  this  state  in  which  one  or 

more  newspapers  are  published,  shall  cause  to  be  published 

in  a  newspaper  published  in  said  district,  and  designated  by 

said  board,  also  a  full  and  itemized  financial  statement  of  the 

receipts  and  expenditures  of  said  districts  during  the  preced- 

ing school  year,  the  expense  of  said  publication  to  be  paid  out 

of  the  general  fund  of  the  district. 

(4801)  SEC.  2.     If  any  board  of  education,  or  board  of  trus- 
tees,  as  the  case  may  be,  shall  neglect  to  comply  with  the  publish. 
provisions  of  this  act,  each  member  of  any  such  board  shall 
forfeit  the  sum  of  ten  dollars. 


An  Act  to  provide  for  the  purchase  and  display  of  UNITED  STATES  Act.  56, 1895,  p. 
FLAGS  in  connection  with  the  public  school  buildings  within  this  J^^Pj^  APJ- 
State. 

(4802)  SECTION  1.     The  People  of  the  State  of  Michigan  enact,  f^ffa^8  to 
That  the  board  of  education  or  the  board  of  school  trustees  in  be  purchased. 
the  several  cities,  townships,  villages  and  school  districts  of 
this  state  shall  purchase  a  United  States  flag  of  a  size  not  less 
than  four  feet  two  inches  by  eight  feet  and  made  of  good  flag 
bunting  "A,"  flag  staff  and  the  necessary  appliances  therefor 
and  shall  display  said  flag  upon,  near,  or  in  a  conspicuous 
place  within,  the  public  school  building  during  school  hours 
and  at  such  other  times  as  to  the  said  board  may  seem  proper; 
and  that  the  necessary  funds  to  defray  the  expenses  to  be  in-  5xPense.  *° be 

-IT  •  in!  jj  j  ii-  '  A    .a  .  •        j-i  defrayed  from 

curred  herein  shall  be  assessed  and  collected  in  the  same  school  moneys. 

manner  as  moneys  for  public  school  purposes  are  collected  by 

law.     And  the  penalties  for  neglect  of  duty  provided  in  section  Penalty. 

two,  chapter  thirteen  of  the  general  school  laws,  shall  apply 

to  any  school  officer  refusing  to  comply  with  the  provisions 

of  this  act. 

Am.  1897,  p.  78;  App.  Apr.  9;  Eff.  Aug.  30;  Act  68. 


An  Act  requiring  certain  RETURNS  TO  BE  MADE  FROM  INCOR-  Act  19, 1839,  p. 
PORATED  ACADEMIES,  and  other  literary  institutions.  15;  App.  Mar.  4. 

(4803)  SECTION  1.    Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Michigan,  That  it  shall  be  the 
duty  of  the  president  of  the  board  of  trustees  of  every  organ- 
ized academy,  or  literary  or  collegiate  institution,  heretofore 
9 


66  GENERAL  SCHOOL  LAWS. 

incorporated  or  hereafter  to  be  incorporated,  to  cause  to  be 
made  out  by  the  principal  instructor,  or  other  proper  officer, 
and  forwarded,  by  mail  or  otherwise,  to  the  office  of  the  super- 
intendent  of  public  instruction,  between  the  first  and  fifteenth 
days  of  December,  in  each  year,  a  report,  setting  forth  the 
amount  and  estimated  value  of  real  estate  owned  by  the  corpo- 
ration,  the  amount  of  other  funds  and  endowments,  and  the 
yearly  income  from  all  sources,  the  number  of  instructors,  the 
number  of  students  in  the  different  classes,  the  studies  pur- 
sued, and  the  books  used,  the  course  of  instruction,  the  terms 
of  tuition,  and  such  other  matters  as  may  be  specially  re- 
quested by  said  superintendent,  or  as  may  be  deemed  proper 
by  the  president  or  principal  of  such  academies  or  institutes, 
to  enable  the  superintendent  of  public  instruction  to  lay  before 
the  legislature  a  fair  and  full  exhibit  of  the  affairs  and  condi- 
tion of  said  institutions. 

C.  L..  '57,  2418.— C.  L.  '71,  3788.— How.  5195. 


Act  144, 1891,  p.  An  Act  to  authorize  the  faculty  of  the  department  of  literature,  science 
180;  App.  June     and  tne  arts<  of  tne  UNIVERSITY  of  Michigan  TO  GIVE  TEACH- 
ERS' CERTIFICATES  in  certain  cases. 

e  (4804)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
etc.  e  That  the  faculty  of  the  department  of  literature,  science  and 
the  arts,  of  the  university  of  Michigan,  shall  give  to  every  per- 
son receiving  a  bachelor's,  master's  or  doctor's  degree,  and  also 
a  teacher's  diploma  for  work  done  in  the  science  and  the  arts 
of  teaching  from  said  university,  a  certificate,  which  shall  serve 
as  a  legal  certificate  of  qualification  to  teach  in  any  of  the 
schools  of  this  state,  when  a  copy  thereof  shall  have  been  filed 
or  recorded  in  the  office  of  the  legal  examining  officer  or  officers 
of  the  county,  township,  city  or  district.  Such  certificate  shall 
?erSficateinetc  not  be  liable  to  be  annulled  except  by  the  said  faculty  of  the 
said  university;  but  its  effect  may  be  suspended  in  any  county, 
township,  city  or  district,  and  the  holder  thereof  may  be 
stricken  from  the  list  of  qualified  teachers  in  such  county, 
township,  city  or  district,  by  the  legal  examining  officer  or 
officers  of  the  said  county,  township,  city,  or  district,  for  any 
cause  and  in  the  same  manner  that  such  examining  officer  or 
officers  may  be  by  law  authorized  to  revoke  certificates  given 
by  himself  or  themselves,  and  such  suspension  shall  continue 
in  force  until  revoked  by  the  authority  suspending  it. 


Act  136, 1893,  P.  An  Act  to  authorize  the  STATE  BOARD  OF  EDUCATION  TO  GRANT 
1323;  App.  May  TEACHERS'  CERTIFICATES  in  certain  cases. 

(4805)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 
gmnetcertifl-to    That  the  state  board  of  education  is  hereby  empowered,  and 
«cates  to  certain  shall  grant  teachers'  certificates  without  examination  to  any 
person  who  has  received  a  bachelor's,  master's  or  doctor's  de- 
gree from  any  college  in  this  state  having  a  course  of  study 


GENERAL  SCHOOL  LAWS.  67 

actually  taught  in  such  college,  of  not  less  than  four  years,  in 
addition  to  the  preparatory  work  necessary  for  admission  to 
the  university  of  Michigan,  upon  the  recommendation  from  the 
faculty  of  such  college  stating  that  in  their  judgment  the  ap- 
plicant is  entitled  to  receive  such  certificate  and  in  addition 
thereto,  a  course  in  the  science  and  art  of  teaching  of  at  least 
one  college  year  of  five  and  a  half  hours  per  week,  which  shall 
have  been  approved  by  said  board  of  education,  which  course 
shall  have  been  taken  by  such  person  who  shall  have  received  a 
diploma  therefor,  and  shall  include  a  thorough  examination 
of  the  applicant  by  the  college  granting  such  diploma,  as  to 
qualification  and  fitness  for  teaching;  and  provided  that  if 
said  person  furnishes  to  said  board  satisfactory  proof  of  hav- 
ing successfully  taught  for  three  years  in  the  schools  of  this 
state,  said  certificate  shall  be  a  life  certificate.  If  such  proof 
is  not  furnished  said  board,  then  such  certificate  shall  be  for 
four  years  only,  and  a  life  certificate  may  at  any  time  there- 
after be  issued  by  said  board  upon  the  filing  of  such  proof. 
Such  certificate  shall  entitle  the  holder  to  teach  in  any  of  the 
schools  of  this  state  without  examination,  provided  a  copy  of 
the  same  shall  have  been  filled  [filed]  or  recorded  in  the  office 
of  the  legal  examining  officer  or  officers  of  the  county,  city, 
township  or  district  in  which  such  person  is  to  teach,  and 
shall  be  annulled  only  by  the  state  board  of  education,  and  by 
it,  only  for  cause. 

(4806)  SEC.  2.     It  shall  be  the  duty  of  the  said  board  of  edu-  Duty  of  board, 
cation  to  carefully  examine  any  course  of  study  in  the  science 

and  art  of  teaching  that  may  be  submitted  to  it  by  the  trustees 
of  any  college,  and,  if  satisfactory,  to  furnish  such  trustees 
with  a  written  certificate  approving  the  same. 

(4807)  SEC.  3.     If,  at  any  time,  the  said  board  of  education 
shall  conclude  that  any  college,  the  graduates  of  which  may 
desire   to   receive   such    certificate,    is    not   giving   such    in- 
struction  in  the  science  and  art  of  teaching  and  in  the  other 
branches  as  shall  be  approved  by  said  board,  then  said  board 
shall  so  determine  by  a  formal  resolution,  and  shall  give  notice 
thereof  to  the  trustees  of  such  college,  and  thereafter  no  teach- 
ers' certificates  shall  be  given  by  said  board  to  the  graduates 
of  such  college  until  said  board  shall  be  satisfied  that  proper 
instruction  in  the  ,science  and  art  of  teaching  and  in  [the] 
other  branches  is  given  by  such  college,  and  shall  certify  such 
fact  to  the  trustees  of  such  college. 


68 


GENERAL    SCHOOL     LAWS. 


CHAPTER     118.— COUNTY     COMMISSIONERS     AND 
SCHOOL   EXAMINERS. 


19. 


Act  U7, 1891,  p.  An  Act  to  provide  for  the  election  of  a  COUNTY  COMMISSIONER  OF 
is;  App.  June      SCHOOLS,  for  the  appointment  of  SCHOOL  EXAMINERS,  [and]  to 
define  the  duties  and  fix  the  compensation  for  the  same,  and  to  repeal 
all  existing  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this 
act. 


Election  of 
county  com- 
missioner of 
schools. 


Term  of  office. 


Appointment 
of  school 
examiners. 


Term  of  office. 


Annual 

appointment  of 
examiners. 


Who  eligible  to 
appointment. 


Vacancy,  how 
filled. 


Oath  of  office. 
Bend. 


(4808)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  at  the  meetings  of  the  several  boards  of  supervisors  of 
the  different  counties  of  the  state,  to  be  held  on  the  fourth 
Monday  in  June,  eighteen  hundred  ninety-one,  the  said  sev- 
eral boards  of  supervisors  shall  elect  a  county  commissioner 
of  schools  for  their  respective  counties,  whose  term  of  office 
shall  commence  on  the  fourth  Tuesday  of  August  next  follow- 
ing, who  shall  hold  his  or  her  office  until  the  first  day  of  July, 
eighteen  hundred  ninety-three,  or  until  his  or  her  successor 
shall  be  elected  and  qualified.  Said  board  of  supervisors  shall 
also  on  said  fourth  Monday  of  June,  appoint  two  persons  as 
school  examiners,  who,  together  with  said  commissioner  of 
schools,  shall  constitute  a  board  of  school  examiners.  One  of 
said  school  examiners  shall  be  appointed  for  a  period  of  one 
year  and  the  other  for  a  period  of  two  years,  from  and  after 
the  second  Monday  of  October  next  after  their  appointment, 
or  until  their  successors  have  been  appointed  and  qualified;, 
and  thereafter  such  'boards  of  supervisors  shall,  at  each  an- 
nual session,  appoint  one  examiner  who  shall  hold  his  office 
for  a  period  of  two  years,  or  until  his  successor  shall  have 
been  appointed  and  qualified.  Any  person  shall  be  eligible 
to  the  office  of  examiner  who  shall  hold  at  least  a  third  grade 
certificate  and  has  taught  in  the  public  schools  at  least  nine 
months,  or  who  has  the  qualifications  required  of  commis- 
sioner in  section  three  of  this  act,  except  an  experience  of 
twelve  months  as  teacher.  IH  case  a  vacancy  shall  occur  at 
any  time  in  the  office  of  school  examiner,  the  judge  of  pro- 
bate, together  with  the  board  of  school  examiners  of  the  coun- 
ty in  which  such  vacancy  shall  have  occurred,  shall,  within 
ten  days  after  the  occurrence  of  such  vacancy,  appoint  some 
suitable  person  to  fill  such  vacancy.  And  the  person  so  ap- 
pointed shall  hold  the  office  for  the  unexpired  portion  of  the 
term,  or  until  his  or  her  successor  is  appointed  and  has  quali- 
fied. Within  ten  days  after  such  commissioners  or  examiners 
shall  have  received  legal  notice  of  his  or  her  election,  he  or 
she  shall  take  and  subscribe  the  constitutional  oath  of  office, 
and  the  same  shall  be  filed  with  the  county  clerk.  The  said 
county  commissioner,  so  appointed,  shall  execute  a  bond  with 
two  sufficient  sureties  to  be  approved  by  and  filed  with  the 
county  clerk,  in  the  penal  sum  of  one  thousand  dollars,  con- 
ditioned that  he  or  she  shall  faithfully  discharge  the- duties 
of  his  or  her  office  according  to  law,  and  to  faithfully  account 


GENERAL    SCHOOL    LAWS. 


for  and  pay  over  to  the  proper  persons  all  moneys  which  may 
come  into  his  or  her  hands  by  reason  of  his  or  her  holding  such 
office;  and  thereupon  the  county  clerk  shall  report  the  name 
and  postoffice  address  of  such  county  commissioner  to  the  address  to. 
state  superintendent  of  public  instruction. 

Am.  1893.  p.  34;  App.  Apr.  18;  never  In  effect,  cut  off  by  next  amendment; 
Act  34.— Am.  1893,  p.  227;  App.  May  27;  Eff.  Aug.  28;  Act  140.— Am.  1895,  p. 
163;  App.  Apr.  8;  Eff.  July  4;  Act  66. 

This  act  supersedes  chap.  12  of  the  primary  school  law  (in  Chapter  116).  As 
to  the  election  of  school  examiner  under  that  law,  as  amended  by  act  266  of 
1887,  see  Conrad  v.  Stone,  78  /  635. 

Biennial 

(4809)  SEC.  2.    There  shall  be  elected  at  the  election  held  «le^n  ?f 
on  the  first  Monday  in  April,  eighteen  hundred  ninety-three, cc 
and  every  second  year  thereafter,  in  each  county,  one  county 
commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July  next  following  his  or  her  election,  and 
who  shall  continue  in  office  two  years  or  until  his  or  her  sue-  Termo£offioe- 
cessor  shall  be  elected  and  qualified.     The  county  commis- 
sioner of  schools  elected  under  the  provisions  of  this  section 
shall  file  with  the  county  clerk  for  the  county  for  which  he  jJndflbon<fth 
or  she  is  elected  his  or  her  oath  of  office  and  bond,  the  same  as  ai 
provided  in  section  one  of  this  act,  and  the  county  clerk  shall 
make  the  same  report  to  the  superintendent  of  public  instruc- 
tion in  all  respects  as  provided  in  section  one  of  this  act. 
^  (4810)  SEC.  3.     Persons  eligible  to  hold  the  office  of  commit 
sioner  of  schools  must  possess,  besides  an  experience  of  twelve 
months  as  teacher  in  the  public  schools  of  the  state,  one  of  the 
following  qualifications:    Must  be  a  graduate  of  the  literary 
department  of  some  reputable  college,  university  or  state  nor- 
mal school,  having  a  course  of  at  least  three  years,  or  hold  a 
state  teacher's  certificate,  or  be  the  holder  of  a  first  grade 
certificate,  but  said  first  grade  certificate  shall  only  qualify 
the  holder  thereof  to  hold  the  office  of  commissioner  in  the 
county  where  such  certificate  was  granted:  Provided,  That 
persons  who  have  held  the  office  of  commissioner  of  schools 
under  the  provisions  of  act  number  one  hundred  forty-seven, 
public  acts  of  eighteen  hundred  ninety-one,  shall  be  eligible. 
In  counties  having  less  than  fifty  districts  subject  to  the  super- 
vision  of  the  county  commissioner,  a  person  holding  at  the  ties. 
time  of  his  or  her  election  a  second  grade  certificate  shall  be 
eligible. 

Am.  1896,  p.  164;  App.  Apr.  8;  Act  66.  The  act  of  1891  referred  to  is  this  act 
QUALIFICATIONS  OF  COMMISSIONER:  A  high  school  is  not  a  col- 
lege within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 


granted  at  one  of  the  regular  public  examinations  provided  for  by  law,  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tion after  election  as  commissioner,  does  not  qualify.  Holding  the  office  of 
secretary  of  the  board  of  examiners  under  act  266  of  1887  (amendatory  of 
chap.  12  of  the  primary  school  law,  now  superseded)  is  not  a  qualification. — 
People  v.  Howlett,  94  /  165.  The  legislative  intent  is  to  keep  up  the  standard 
of  teachers  by  requiring  certain  educational  qualifications  in  the  persons 
•whose  duty  it  is  to  examine  the  teachers  and  determine  their  fitness  for  their 
work.— People  v.  Hewlett,  14  /  169. 

(4811)  SEC.  4.    The  board  of  school  examiners  shall,  for  the  Board  to 
purpose  of  examining  all  persons  who  may  offer  themselves 
as  teachers  for  the  public  schools,  hold  two  regular  public 


70 


GENERAL    SCHOOL    LAWS. 


May  hold 
additional 
examinations. 


What  certifi- 
cate may  be 
granted. 

When  special 
examination 
may  be  held. 


Schedule  of 
examinations. 


examinations  in  each  year  at  the  county  seat,  which  exami- 
nations shall  begin  on  the  last  Thursday  of  March  and  the 
third  Thursday  of  August  in  each  year.  From  these  two  ex- 
aminations certificates  of  all  grades  may  be  granted.  The 
said  board  of  examiners  may  also  in  their  discretion  hold 
two  other  regular  public  examinations,  which  shall  begin  on 
the  third  Thursdays  of  June  and  October  at  such  places  as 
in  the  judgment  of  the  board  the  best  interests  of  the  teachers 
may  require.  From  these  two  examinations  only  certificates 
of  the  second  and  third  grade  may  be  granted.  In  counties 
having  one  hundred  and  fifty  or  more  districts  the  said  board 
of  examiners  may  hold  one  special  public  examination  for 
each  additional  twenty-five  districts  or  fraction  thereof  which 
special  public  examination,  when  appointed,  shall  be  held 
commencing  on  one  or  more  of  the  following  dates:  The  third 
Friday  of  February,  April  and  September.  The  places  of 
holding  such  special  public  examinations  are  also  left  to  the 
discretion  of  the  board  of  examiners.  At  such  special  public 
examinations  only  certificates  of  the  third  grade  shall  be 
granted.  It  shall  be  the  duty  of  the  county  commissioner  to 
make  out  a  schedule  of  the  times  and  places  of  holding  special 
examinations  and  to  cause  it  to  be  published  in  one  or  more 
newspapers  of  the  county  at  least  ten  days  before  each  special 
examination. 

Am.  1893,  p.  35;  App.  Apr.  18;  Eff.   Aug.  28;  Act  34.— Am.  1895,  p.  164;  App. 
Apr.  8;  Eff.  July  4;  Act  66. 
People  v.  Hewlett,  94  /  170. 

(4812)  SEC.  5.  The  board  of  school  examiners  shall  meet  on 
the  Saturday  of  the  week  following  such  public  examination 
held  by  the  county  commissioner,  and  shall  grant  certificates 
to  teachers  in  such  form  as  the  superintendent  of  public  in- 
struction shall  prescribe,  licensing  as  teachers  all  persons  who 
shall  have  attained  the  age  of  seventeen  years,  who  have  at- 
tended such  public  examinations  and  who  shall  be  found  quali- 
fied in  respect  to  good  moral  character,  learning  and  ability  to 
instruct  and  govern  a  school,  but  no  certificate  shall  be 
granted  to  any  person  who,  having  arrived  at  the  age  of  twen- 
ty-one years,  is  not  a  citizen  of  the  United  States,  and  who 
shall  not  have  passed  a  satisfactory  examination  in  orthog- 
raphy, reading,  writing,  grammar,  geography,  arithmetic,  the- 
ory and  art  of  teaching,  United  States  history,  civil  govern- 
ment and  physiology  and  hygiene,  with  the  reference  to  the 
effect  of  alcoholic  drinks,  stimulants  and  narcotics  upon  the 
human  system.  The  board  of  examiners  shall  have  the  right, 
however,  to  renew  without  examination  the  certificates  of 
persons  who  shall  have  previously  obtained  an  average  stand- 
ing of  at  least  eighty-five  per  cent  in  all  studies  covered  in 
two  or  more  previous  examinations  and  who  shall  have 
been  since  such  last  named  examinations  continuously  and 
successfully  teaching  in  the  same  county.  All  certificates 
shall  be  signed  by  the  county  commissioner  and  by  at 
least  one  other  member  of  the  board  of  examiners. 


Meeting  of 
board  to  grant 
certificates. 


When  board 
may  renew 
certificates 
without 
examination. 


Signing  of 
certificates. 


GENERAL  SCHOOL  LAWS.  71 

No   person   shall   be  considered   a   qualified   teacher   within 
the  meaning  of  this  act,  nor  shall  any  school  officer  employ 
or  contract  with  any  person  to  teach  in  any  of  the  public 
schools,  under  the  provisions  of  this  act,  who  has  not  a  cer- 
tificate in  force  granted  by  the  board  of  school  examiners  or 
other  lawful  authority.     All  examination  questions  shall  be 
prepared  and  furnished  by  the  superintendent  of  public  in-  pfUpubucendent 
struction  to  the  county  commissioner  under  seal,  to  be  opened  instruction  to 
in  the  presence  of  the  applicants  for  certificates  on  the  day  Fna5onequeas™~ 
of  examination/ 

Am.  1893,  p.  35;  App.  Apr.  18;  Eff.  Aug.  28;  Act  34.— Am.  1895,  p.  165;  App. 
Apr.  8;  Eff.  July  4;  Act  66. 
People  v.  Hewlett,  94  /  170. 

(4813)  SEC.  6.  There  shall  be  three  grades  of  certificates  ?erratffiecsa^s. 
granted  by  the  board  of  school  examiners,  in  its  discretion, 
and  subject  to  such  rules  and  regulations  as  the  superintend- 
ent of  public  instruction  may  prescribe,  which  grades  of  cer- 
tificates shall  be  as  follows:  The  certificate  of  the  first  grade  Firstgrade- 
shall  be  granted  only  to  those  who  have  taught  at  least  one 
year  with  ability  and  success,  and  it  shall  be  valid  throughout 
the  State  for  four  years:  Provided,  That  all  examination  Proviso- 
papers  for  first  grade  certificates,  favorably  passed  upon  by 
the  board  of  examiners,  together  with  such  certificate  shall  be 
forwarded  to  the  superintendent  of  public  instruction  within 
ten  days  from  date  of  examination  for  inspection:  And  pro- 
vided further,  That  no  first  grade  certificate  shall  be  valid  in 
any  county  other  than  that  in  which  it  is  granted,  unless  ap- 
proved  and  countersigned  by  the  superintendent  of  public  in-  U! 
struction  and  a  copy  filed  with  the  county  commissioner  in  the 
county  in  which  the  holder  of  said  certificate  desires  to  teach. 
The  certificate  of  the  second  grade  shall  be  granted  only  to  Second  grad 
those  who  shall  have  taught  at  least  seven  months  with  abil- 
ity and  success,  and  it  shall  be  valid  throughout  the  county 
for  which  it  shall  be  granted  for  three  years.  The  certificates 
of  the  third  grade  shall  be  divided  into  two  classes  known  as 
A  and  B.  Third  grade  certificates  of  class  A  shall  be  granted 
only  to  persons  who  have  taught  successfully  and  continu- 
ously for  at  least  three  years  next  preceding  the  examination, 
in  primary  departments  of  graded  schools,  and  the  [certificate] 
certificates  of  this  class  shall  entitle  the  holder  to  teach  in 
primary  departments  of  graded  schools  only.  Third  grade 
certificates  of  class  B  shall  license  the  holder  to  teach  in  any 
school  of  the  county  in  which  it  shall  be  granted,  for  one  year; 
but  no  more  than  three  certificates  of  this  class  shall  be  granted 
to  the  same  person:  Provided,  That  the  county  commissioner  Proviso  as  to 
shall  have  power  upon  personal  examination  satisfactory  to 
himself  or  herself  to  grant  certificates  which  shall  license  the 
holder  thereof  to  teach  in  a  specified  district  for  which  it  shall 
be  granted,  but  such  certificate  shall  not  continue  in  force 
beyond  the  time  of  the  next  public  examination  and  in  no  case 


GENERAL    SCHOOL    LAWS. 


shall  a  second  special  certificate  be  granted  the  same  person, 
and  it  shall  not  in  any  way  exempt  the  teacher  from  a  full  ex- 
amination. 

Am.  1893,  p.  36;  App.  Apr.  18;  Eff.  Aug.  28;  Act  34. 

'Teachers'  CERTIFICATES:    The   general  policy   of   the   school   law   Is   that   schools 

•certificates.  shall  be  taught  by  qualified  teachers,  but  necessities  may  arise  where  this 
cannot  be  done.  When  such  necessity  arises,  the  district  may  employ  a 
teacher  without  a  certificate,  if  the  board  is  satisfied  of  his  qualifications  and 
pay  him  out  of  any  moneys  except  primary  school  money  and  mill  tax. — 
Hale  v.  Risley,  69  /  5S6.  As  to  the  liability  of  the  district  for  such  services, 
see  Id.;  Stockdale  v.  Sch.  Dist.,  47  /  226;  Crane  v.  Sch.  Dist.,  61  /  299;  Smith 
v.  Sch.  Dist.,  69  /  589.  See  Sch.  Dist.  v.  Cook,  47  /  112.  A  certificate  issued 
to  one  who  has  not  taken  an  examination  at  all  and  whose  qualifications 
are  not  ascertained  upon  an  examination,  is  not  such  a  certificate  as  the 
law  provides  for.— People  v.  Hewlett,  94  /  170-1.  The  action  of  the  board  of 
examiners  in  refusing  a  certificate  cannot  be  questioned  by  the  rejected 
applicant  in  a  suit  to  recover  wages  she  would  have  earned  under  her  con- 
tract but  for  such  adverse  action.— Lee  v.  Sch.  Dist.,  71  /  361.  A  certificate, 
issued  for  three  years,  cannot  be  legally  extended  by  the  secretary,  by  being 
changed  to  read  for  four  years,  after  the  board  of  examiners  who  issued  it 
have  gone  out  of  office.— Bryan  v.  Sch.  Dist.,  68  N.  W.  74. 

SPECIAL  CERTIFICATES:  The  secretary  of  the  board  (under  the  old 
law)  had  no  right,  after  the  refusal  of  the  board  to  grant  a  certificate,  to 
issue  a  special  certificate  to  the  rejected  applicant.— Lee  v.  Sch.  Dist.,  71  /  36L 
The  object  of  a  special  certificate  is  to  bridge  over  the  time  between  the 
commencement  of  a  school  and  the  next  meeting  of  the  examiners  and  such 
a  certificate  has  life  only  until  the  next  regular  examination.— Id. ;  People 
v.  Hewlett,  94  /  170. 


uspension  of        (4814)  SEC.  7.     The  board  of  school  examiners  may  suspend 

•certificates,  etc.        v  '.  .        ,.•/»•  -i_ 

or  revoke  any  teacher's  certificate  issued  by  them  for  any 
reason  which  would  have  justified  said  board  in  withholding 
the  same  when  given,  for  neglect  of  duty,  for  incompetency  to 
instruct  or  govern  a  school,  or  for  immorality,  and  the  said 
board  may,  within  their  jurisdiction,  suspend  for  immorality  or 
incompetency  to  instruct  and  govern  a  school  the  effect  of  any 
teacher's  certificates  that  may  have  been  granted  by  other  law- 
ful authority:  Provided,  That  no  certificate  shall  be  suspended 
or  revoked  without  a  personal  hearing,  unless  the  holder  there- 
of shall,  after  a  reasonable  notice,  neglect  or  refuse  to  appear 
before  the  said  board  for  that  purpose. 

Carver  v.  Sch.  Dist.,  71  N.  W.  861. 

IMMORALITY:  A  communication  representing  that  a  certain  person  was 
of  bad  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 
faith  for  the  purpose  of  preventing  such  person's  teaching  the  school,  is 
privileged  and  is  justified  by  proof  that  he  is  a  blasphemer,  habitually  pro- 
fane and  a  Sabbath-breaker.— Wieman  v.  Mabee,  45  /  484. 


Proviso. 


Duty  of 
•commissioner. 
Notice  of 
-qualification. 


Record  of 

examinations, 

•etc. 


Of  fees. 


Record  of 
.certificates. 


(4815)  SEC.  8.  It  shall  be  the  duty  of  the  county  commis- 
sioner: First,  Immediately  after  his  or  her  qualification  as 
commissioner,  to  send  notice  thereof  to  the  superintendent  of 
public  instruction  and  the  chairman  of  each  township  board 
of  school  inspectors  of  the  county; 

Second,  To  keep  a  record  of  all  examinations  held  by  the 
board  of  school  examiners  and  to  sign  all  certificates  and 
other  papers  and  reports  issued  by  the  board; 

Third,  To  receive  the  institute  fees  provided  by  law  and  to 
pay  the  same  to  the  county  treasurer  quarterly,  beginning 
September  thirty,  in  each  year; 

Fourth,  To  keep  a  recoVd  of  all  certificates  granted,  sus- 
pended or  revoked  by  the  said  board  or  commissioner,  show- 
ing to  whom  issued,  together  with  the  date,  grade,  duration  of 


GENERAL    SCHOOL    LAWS.  73 

•each  certificate  and,  if  suspended  or  revoked,  with  the  date 
.and  reason  thereof; 

Fifth,  To  furnish,  previous  to  the  first  Monday  in  Septem-  £jjjjjjrg  etc 
'toer  in  each  year  to  the  township  clerk  of  each  township  in  the 
Bounty,  a  list  of  all  person^  legally  authorized  to  teach  in  the 
county  at  large,  and  in  such  township,  with  the  date  and  term 
•of  each  certificate,  and  if  any  have  been  suspended  or  revoked, 
the  date  of  such  suspension  or  revocation; 

Sixth,  To  visit  each  of  the  schools  in  the  county  at  least  ^JoS*  etc 
once  in  each  year  and  to  examine  carefully  the  discipline,  the 
mode  of  instruction,  and  the  progress  and  proficiency  of  pu- 
pils:    Provided,  That  in  case  the  county  commissioner  is  un- 
.able  to  visit  all  the  schools  of  the  county  as  herein  required, 
the  said  commissioner  may  appoint  such  assistant  visitors  as 
may  be  necessary,  who  shall  perform  such  duties  pertaining 
to  the  visitation  and  supervision  of  schools  as  said  commis- 
sioner shall  direct:    Provided,  That  the  whole  expense  in?  2St£t** W 
curred  by  such  assistant  visitors  shall  not  exceed  the  sum  of  visitors. 
ninety  dollars  in  any  one  year; 

Seventh,  To  counsel  with  the  teachers  and  school  boards  as  pou«cil  wi*h 

„      ,      _       ,       ,  -IT  .  teachers,  etc. 

to  the  courses  of  study  to  be  pursued,  and  as  to  any  improve- 
ment in  the  discipline  and  instruction  in  the  schools; 

Eighth,  To  promote  by  such  means  as  he  or  she  may  devise,  improvement 
the  improvement  of  the  schools  in  the  county,  and  the  elevation  OJ 
-of  the  character  and  qualifications  of  the  teachers  and  officers 
thereof,  and  act  as  assistant  conductor  of  institutes  appointed 
"by  the  superintendent  of  public  instruction  and  perform  such 
•other  duties  pertaining  thereto  as  the  superintendent  shall  re- 
quire; 

Ninth,  To  receive  the  duplicate  annual  reports  of  the  sev-  TO  receive 
•eral  boards  of  school  inspectors,  examine  into  the  correctness  etcnua 
of  the  same,  requiring  them  to  be  amended  when  necessary, 
indorse  his  or  her  approval  upon  them,  and  immediately  there- 
after and  before  the  first  day  of  November  in  each  year,  trans- 
mit to  the  superintendent  of  public  instruction  one  copy  of 
each  said  reports  and  file  the  other  in  the  office  of  the  county 
clerk; 

Tenth,  To  be  subject  to  such  instructions  and  rules  as  the  Subject  to 
superintendent  of  public  instruction  may  prescribe;  to  receive 
all  blanks  and  communications  that  may  be  sent  to  him  or  her  ruction  etc 
by  the  superintendent  of  public  instruction  and  to  dispose  of  1D 
the  same  as  directed  by  the  said  superintendent,  and  to  make 
.annual  reports  at  the  close  of  the  school  year  to  the  superin- 
tendent of  public  instruction  of  his  or  her  official  labor,  and  of 
the  schools  of  the  county,  together  with  such  other  informa- 
tion as  may  be  required; 

Eleventh,  To  perform  such  other  duties  as  may  be  required  otter  duties. 
-of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office  to 
deliver  all  records,  books  and  papers  belonging  to  the  office, 
to  his  or  her  successor. 

(4816)  SEC.  9.     It  shall  be  the  duty  of  the  chairman  of  the  Duty  of 
Aboard  of  school  inspectors  of  each  township:  chairmen, etc. 

10 


74 


GENERAL    SCHOOL    LAWS. 


Supervision  of 
schools,  etc. 


To  make 
reports,  etc. 


Compensation 
of  commis- 
sioner. 


Of  examiners. 


Of  assistant 
visitors. 


To  be  paid 
quarterly. 


Proviso. 


Further 
proviso. 


Of  contingent 
expenses. 


Limit  of. 


First,  To  have  general  supervisory  charge  of  the  schools  of 
his  township,  subject  to  such  advice  and  direction  as  the 
county  commissioner  may  give; 

Second,  To  make  such  reports  of  his  official  labors  and  of  the 
condition  of  the  schools  as  the  superintendent  of  public  in- 
struction may  direct  or  commissioner  request. 

(4817)  SEC.  10.  The  compensation  of  each  commissioner 
shall  be  determined  by  the  board  of  supervisors  of  each  county 
respectively,  but  the  compensation  shall  not  be  fixed  at  a  sum 
less  than  five  hundred  dollars  per  annum  in  any  county  where 
there  are  fifty  schools  under  his.  or  her  supervision ;  at  not  less 
than  one  thousand  dollars  per  annum  where  there  are  one 
hundred  schools  under  such  supervision;  and  not  less  than 
twelve  hundred  dollars  where  there  are  one  hundred  and 
twenty-five  schools  under  his  supervision;  and  in  no  case  shall 
such  compensation  exceed  the  sum  of  fifteen  hundred  dollars 
per  annum.  Each  member  of  the  board  of  school  examiners 
other  than  the  county  commissioner  shall  receive  four  dollars 
for  each  day  actually  employed  in  the  duties  of  his  office.  The 
compensation  of  any  assistant  visitor,  when  appointed  as  pro- 
vided in  this  act,  shall  be  determined  by  the  county  commis- 
sioner, but  in  no  case  shall  it  exceed  three  dollars  for  each  day 
employed.  The  compensation  of  the  county  commissiener, 
members  of  the  board  of  school  examiners  and  of  any  assistant 
visitor  shall  be  paid  quarterly  from  the  county  treasury,  upon 
such  commissioner  or  visitor  filing  with  the  county  clerk  a 
certified  statement  of  his  or  her  account,  which  shall  give  in 
separate  items  the  nature  and  amount  of  the  service  for  each 
day  for  which  compensation  is  claimed :  Provided,  That  in  no 
case  shall  the  county  commissioner  receive  any  order  for  com- 
pensation from  the  county  clerk  until  he  has  filed  a  certified 
statement  from  the  superintendent  of  public  instruction  that 
all  reports  required  of  the  commissioner  have  been  properly 
made  and  filed  with  said  superintendent:  Provided  further, 
That  no  commissioner  shall  receive  an  order  for  compensation 
until  he  shall  have  filed  with  the  county  clerk  a  detailed  state- 
ment under  oath  showing  what  schools  have  been  visited  by 
him  during  the  preceding  quarter  and  what  amount  of  time 
was  employed  in  each  school,  naming  the  township  and  school 
district.  The  necessary  contingent  expenses  of  the  commis- 
sioner for  printing,  postage,  stationery,  record  books  and  rent 
of  rooms  for  public  examinations  shall  be  audited  and  allowed 
by  the  board  of  supervisors  of  the  county,  but  in  no  county 
shall  the  expenses  so  allowed  exceed  the  sum  of  two  hundred 
dollars  per  annum  and  no  traveling  fees  shall  be  allowed  to- 
the  commissioner  or  to, any  assistant  visitor  or  school  ex- 
aminer. 

ASSISTANT  VISITOR:  Mandamus  to  compel  the  payment  of  an  assist- 
ant visitor  of  schools,  for  services  rendered  under  this  act,  was  denied,  when 
the  commissioner  had  not  determined  the  compensation,  as  required.— 
v.  Wayne  Co.  Auditors,  97  /  611. 


GENERAL    SCHOOL    LAWs^  75 


(4818)  SEC.  11.     No    superintendent    of  public  instruction, 
instructor  at  institute,  county  commissioner  or  examiner,  shall  a< 
act  as  agent  for  the  sale  of  any  school  furniture,  text-books, 
maps,  charts  or  other  school  apparatus. 

1895,  p.  165;  App.  Apr.  8;  Eff.  July  4;  Act  98. 


(4819)  SEC.  12.     Whenever  by  death,  resignation,  removal  of  vacancies. 
from  office  or  otherwise  a  vacancy  shall  occur  in  the  office  of 

the  county  commissioner  of  schools,  the  county  clerk  shall  is- 
sue a  call  to  the  chairman  of  the  township  board  of  school  in- 
spectors of  each  township  in  the  county,  who  shall  meet  at  the 
office  of  the  county  clerk  on  a  date  to  be  named  in  said 
[notices]  notice  not  more  than  ten  days  from  the  date  of  the 
notice,  and  appoint  a  suitable  person  to  fill  the  vacancy  for  the 
unexpired  portion  of  the  term  of  office. 

(4820)  SEC.  13.     The  officers  of  every  school  district  which  licensing  ana 
is  or  shall  hereafter  be  organized  in  whole  or  in  part  in  any  in-  oFteSers.1 
corporated  city  in  this  state  where  special  enactments  shall 

exist  in  regard  to  the  licensing  of  teachers,  shall  employ  only 

such  teachers  as  are  legally  qualified  under  the  provisions  of 

this  act:     Provided,  That  in  cities  employing  a  superintend-  Proviso  as  to 

ent,  the  examination  of  teachers  shall  be*  conducted  by  such  fn^up^rS7" 

superintendent  or  by  a  committee  of  the  board  of  education  of  tendent- 

such  school  district,  and  certificate  issued  at  such  time  and  in 

such  a  manner  as  the  superintendent  of  public  instruction  and 

board  of  education  in  such  city  shall  prescribe.     Cities  having 

a  special  and  thoroughly  equipped  normal  training  depart-  Provision  as  to 

.     .  ,   normal  training 

ment,  under  control  of  a  special  training  teacher,  such  school  department. 

having  a  course  of  not  less  than  one  year,  shall  be  exempt  from 

the  provisions  of  this  section  as  to  the  examination  of  teachers. 

Any  board  of  education  that  shall  violate  the  provisions  of 

this  act  by  employing  a  teacher  who  is  not  legally  qualified, 

shall  forfeit  such  a  proportion  of  the  primary  school  interest  when  primary 

fund  as  the  number  of  unqualified  teachers  employed  bear  to  fund08haiieSst 

the  whole  number  of  teachers  employed  in  the  district.     All  forfeited- 

school  districts  organized  by  special  enactments,  shall,  through 

their  proper  officers,  make  such  reports  as  the  superintendent 

of  public  instruction  may  require. 

Am.  1895;  p.  165;  App.  Apr.  8;  Eff.  July  4;  Act  86. 

Sec.  14  repeals  "all  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
this  act."    As  to  one  effect  of  this  repeal,  see  Perriao  v.  Kesler,  93  /  284. 

An  Act  to  provide  for  the  EXAMINATION  OF  CANDIDATES   FOR  Act  101, 1895,  p. 
ADMISSION  TO    THE    AGRICULTURAL   COLLEGE  by  county  210;  APP.  Apr. 
commissioners  of  schools. 

(4821)  SECTION  1.     The  People  of  the  State  of  Michigan  enact,  Duty  of  state 
That  it  shall  be  the  duty  of  the  state  superintendent  of  public  SSStoS?"1 
instruction  to  secure,  at  least  twice  each  year,  from  the  presi-  struction- 
dent  of  the  Michigan  agricultural  college,  a  set  of  examination 
questions  in  all  the  studies  required  for  admission  to  said  col- 
lege.    It  shall  also  be  the  duty  of  the  state  superintendent  of 


76 


GENERAL  SCHOOL  LAWS. 


!ivamnina?fon! 


public  instruction  to  send  a  printed  list  of  said  examination 
questions  to  each  county  commissioner  of  schools. 

(4822)  SEC.  2.  It  shall  be  the  duty  of  each  county  commis- 
sioner  of  schools  to  give  public  notice  of  this  examination  at 
the  time  of  all  regular  teachers'  examinations,  and  to  submit 
the  questions  aforesaid  to  any  candidate  who  may  desire  to 
en^er  the  agricultural  college.  The  examination  shall  be  con- 
ducted  in  the  same  manner  as  are  the  regular  teachers'  ex- 
aminations of  the  county.  The  work  of  each  and  every  can- 
didate, together  with  the  name  and  address,  shall  be  for- 
warded by  the  commissioner,  within  five  days  from  the  date  of 
the  examination,  to  the  president  of  the  college,  who  shall 
examine  and  grade  the  answers  and  report  to  the  candidate 
within  five  days  of  the  receipt  of  the  paper  the  result  of  the 
examination.  A  standing  of  seventy  per  cent  in  each  branch 
will  admit  to  freshman  class  of  the  college  without  further 
examination. 


CHAPTER     119.— TOWNSHIP     SCHOOL     DISTRICTS     IN     THE     UPPER 

PENINSULA. 


Act  176,  1891,  p. 
320;  App.  Jane 
30. 


Petition  for 
(Organization. 


•Clerk 
board,  etc. 


An  Act  for  the  organization  of  TOWNSHIP  SCHOOL  DISTRICTS  in 
the  UPPER  PENINSULA. 

4823)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  whenever  the  qualified  electors  of  any  organized  town- 
ship in  the  upper  peninsula  desire  to  become  organized  into  a 
single  school  district,  they  may  petition  the  township  board  to 
give  notice  that  at  the  succeeding  township  meeting  the  offi- 
cers for  such  organized  school  district  will  be  chosen,  and  such 
other  business  transacted  as  shall  be  necessary  thereto.  Such 
petition  shall  be  signed  by  a  majority  of  the  qualified  electors 
of  the  township  and  shall  be  filed  in  the  office  of  the  township 
clerk  at  least  fifteen  days  prior  to  the  annual  township  meet- 
ing. Upon  the  receipt  and  filing  of  said  petition,  the  township 
clerk  shall  notify  the  members  of  the  township  board  and  the 
school  [inspector]  inspectors  of  the  township  to  attend  a 
special  meeting  to  be  held  not  more  than  five  days  thereafter, 
and  at  which  meeting  it  shall  be  the  duty  of  such  township 
board  to  compare  the  names  signed  to  the  petition  with  the 
names  appearing  on  the  list  of  registered  voters  qualified  to 
vote  at  the  preceding  election,  and  if  it  be  found  that  a  major- 
ity of  the  voters  qualified  to  vote  at  the  preceding  election 
•have  signed  the  petition  that  the  organized  township  of  which 
they  are  resident  be  organized  as  a  single  school  district,  they 
shall  give  notice  that  at  the  then  succeeding  township  meet- 
ing officers  will  be  chosen  for  such  organized  school  district; 
.and  shall  make  and  file,  both  with  the  county  clerk  and  the 
secretary  of  the  board  of  school  inspectors  of  the  county  in 
which  such  township  is  located,  a  certified  copy  of  the  above 
mentioned  petition  together  with  their  finding  and  doings 


GENERAL  SCHOOL  LAWS.  77 


thereon,  and  thereupon  such  township  shall  become  a  single 
school  district  which  shall  be  subject  to  all  the  general  laws 
of  the  state,  so  far  as  the  same  may  be  applicable,  and  said 
district  shall  have  all  the  powers  and  privileges  conferred 
upon  union  school  districts  by  the  laws  of  this  state,  all  the 
general  provisions  of  which  relating  to  common  or  primary 
schools  shall  apply  and  be  enforced  in  said  district,  except 
such  as  shall  be  inconsistent  with  the  provisions  of  this  act, 
and  all  schools  organized  in  said  district  in  pursuance  of  this 
act,  under  the  directions  and  regulations  of  said  board  of  edu- 
cation shall  be  public  and  free  to  all  persons  actual  residents 
within  the  limits  thereof,  between  the  ages  of  five  and  twenty 
years,  inclusive,  and  to  such  other  persons  as  the  board  of  edu- 
cation shall  admit  :  Provided,  That  whenever  the  majority  of  Provis<x 
electors  in  any  surveyed  township  in  such  organized  township  . 
shall  petition  the  board  of  education  to  establish  a  school  or 
schools  therein,  the  said  board  of  education  are  hereby  au- 
thorized and  directed  within  three  months  thereafter  to  organ- 
ize such  school  or  schools  therein. 

This  act  is  constitutional—  .Perrizo  v.  Kesler,  93  /  280;  Keweenaw  Ass'n  v. 
Sch.  Dist.,  98  /  441.  'The  provision,  authorizing  the  township  board  and  school 
inspectors  to  determine  whether  a  majority  of  the  qualified  electors  of  the 
township  have  signed  the  petition,  is  sufficient.—  Id.  As  to  filing  a  certified 
copy  of  the  petition,  etc.,  with  the  county  commissioner  of  schools,  instead 
of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284. 

(4824)  SEC.  2.     The  officers  of  said  district  shall  consist  of 
two  trustees,  who,  together  with  the  clerk  and  school  inspect- 
ors  of  said  township,  shall  constitute  the  board  of  education  of  tute' 
said  district.     Said  trustees  shall  be  elected  by  ballot  at  the 
annual    township   meeting   of  the   township,  upon  the  same 
ticket  and  canvassed  in  the  same  .manner  as  township  officers 
required  by  law  to  be  elected  by  ballot:    Provided,  That  at  Provi8°- 
the  annual  election  to  be  held  in  said  township  next  subse- 
quent to  the  filing  of  the  petition  as  set  forth  in  section  one  of 

this  act  there  shall  be  elected  two  trustees  for  said  district  by 

the  electors  thereof,  one  of  whom  shall  hold  his  office  for  the 

term  of  one  year  and  the  other  one  for  the  term  of  two  years,  Term  of  office- 

and  until  their  successors  shall  be  elected  and  qualified,  and 

the  time  for  which  the  person  voted  for  is  intended  shall  be 

designated  on  the  ballot,  and  at  each  election  thereafter  to  be  To  *>e 

held  one  trustee  shall  be  elected  in  said  district,  who  shall  hold  bffi!ate 

his  office  for  the  term  of  two  years,  and  until  his  successor 

shall  be  elected  and  qualified,  said  trustee  to  be  designated  on 

the  ticket  or  ballot  for  "member  of  board  of  education." 

Am.  1893,  p.  133;  App.  May  24;  Act  104.    Perrizo  v.  Kesler,  93  /  283. 

(4825)  SEC.  3.     Within  five  days  after  the  annual  election  Duty  of 
the  township  clerk  shall  notify,  in  writing,  the  persons  elected  eteWD9hip  cl 
trustees  under  this  act  of  their  election,  and  within  five  days 
thereafter  said  trustees  so  elected  shall  take  and  subscribe  the 

oath  of  office  prescribed  by  the  constitution  of  this  state,  be- 
fore any  officer  authorized  to  administer  oaths,  and  file  the 


78 


GENERAL  SCHOOL  LAWS. 


Clerk. 


Treasurer. 


Proviso 


same  with  the  township  clerk.  The  term  of  office  of  the 
[trustee]  trustees  of  said  district  shall  commence  on  the  sec- 
ond Monday  following  the  annual  township  election  at  which 
they  are  elected. 

&SEl3J!onof  (4826^  SEC-  4-  The  members  of  the  board  of  education 
shall  meet  on  the  third  Monday  of  April  of  each  year,  at  the 
office  of  the  township  clerk,  and  organize.  The  school  in- 
spector of  the  township  whose  term  of  office  will  soonest  ex- 
pire shall  be  president  of  the  board  and  shall  be  entitled  to 
vote  in  all  cases.  In  the  absence  of  the  president  at  any  meet- 
ing a  majority  of  the  members  present  may  choose  one  of  their 
own  number  president  pro  tern.  The  township  clerk  of  said 
township  shalll  be  ex  officio  clerk  of  said  board  of  education, 
and  shall  be  entitled  to  vote  thereon,  and  in  case  of  the  ab- 
sence of  said  clerk  the  board  may  choose  some  suitable  person 
to  perform  his  duties.  Said  board  shall  on  said  third  Monday 
of  April  in  each  year  elect  from  their  own  number  a  treasurer, 
who  shall  hold  his  office  for  one  year  and  until  his  successor  is 
elected  and  qualified  and  may  at  any  time  fill  a  vacancy  in  the 
office  of  treasurer:  Provided,  That  the  person  appointed  to 
fill  a  vacancy  in  the  office  of  treasurer  shall  hold  the  office  for 
the  unexpired  portion  of  the  term  only.  The  treasurer  of  said 
board  shall,  within  five  days  after  his  appointment  as  such 
treasurer,  file  with  the  clerk  of  said  board  the  constitutional 
oath  of  office.  He  shall  also,  before  entering  upon  the  duties 
of  his  office,  give  a  bond  to  said  district  in  such  sum  and  with 
such  sureties  as  said  board  shall  determine  and  approve,  con- 
ditioned for  the  faithful  performance  of  his  duties  under  this 
act,  and  honestly  accounting  for  all  moneys  coming  into  his 
hands  belonging  to  said  district.  The  treasurer  of  said  board 
shall  have  the  keeping  of  all  school  and  library  moneys,  and 
shall  not  pay  out  the  same  without  the  authority  of  the  board, 
upon  warrants  or  orders  drawn  upon  him  and  signed  by  the 
clerk  and  countersigned  by  the  president. 

(4827)  SEC.  5.     Said  board  of  education  shall  have  power  to 
fill  vacancies  that  may  occur  in  the  office  of  trustee  until  the 
next  annual  election,  and  such  trustee  shall  file  with  the  clerk 
of  said  board  his  oath  of  office  within  five  days  after  such  ap- 
pointment by  the  board. 

(4828)  SEC.  6.    A  majority  of  the  members  of  said  board 
shall  constitute  a  quorum,  and  the  regular  meetings  of  said 
board  shall  be  held  on  the  third  Monday  of  April,  August  and 
December  in  each  year,  and  no  notice  of  such  meeting  shall  be 
required,  and  any  two  members  of  said  board  shall  be  suffi- 
cient to  adjourn  any  meeting  from  time  to  time  until  a  quorum 
is  present.     Special  meetings  of  said  board  may  be  called  at 
any  time  on  the  request  of  the  president,  or  any  two  members 
thereof,  in  writing,  delivered  to  the  clerk;  and  the  clerk  upon 
receiving  such  request  shall  at  once  notify  each  member  of 
said  board,  if  within  said  district,  of  the  time  of  holding  such 
meeting,  which  shall  be  at  least  three  days  subsequent  to  the 
time  of  receiving  such  request  by  said  clerk.     All  [the]  meet- 


To  give  bond. 


Vacancies. 


Quorum, 
meetings,  etc. 


GENERAL  SCHOOL  LAWS.  79 

ings  of  said  board  shall  be  held  at  the  township  clerk's  office, 
•unless  otherwise  ordered  by  a  resolution  of  the  board;  and  all 
records  and  papers  of  said  district  shall  be  kept  in  the  custody 
of  said  clerk  and  shall  be  open  to  the  inspection  of  any  tax- 
-payer  of  said  district. 

(4829)  SEC.  7.    The  said  board  shall  be  the  board  of  school 
[inspection]   inspectors  for  said  district  and  shall,  as  such, 
report  to  the  clerk  of  the  county  in  which  such  township  is 
located  and  shall  have  all  the  powers  and  perform  all  the  du- 
ties now  enjoyed  and  performed  by  boards  of  school  inspect- 
ors, and  the  president  of  said  board  shall  perform  all  the  du- 
ties required  by  law  of  the  chairman  of  the  board  of  school  in- 
spectors, and  the  board  of  school  inspectors  for  such  town- 
ship is  hereby  abolished  except  as  its  powers  are  vested  in  said 
board  of  education. 

(4830)  SEC.  8.     The  board  of  education  of  said  district  shall 
Tiave  power  and  authority  to  designate  and  purchase  school 
house  sites,  erect  buildings  and  furnish  the  same,  employ  le- 
gally qualified  teachers,  provide  books  for  district  library, 
make  by-laws  relative  to  taking  the  census  of  all  children  in 
said  district  between  the  ages  of  five  and  twenty  years,  and  to 
make  all  necessary  reports  and  transmit  the  same  to  the  proper 
officers,  as  designated  by  law,  so  that  the  district  may  be 
•entitled  to  its  proportion  of  the  primary  school  fund;  and  said 
board  shall  have  authority  to  make  all  needful  regulations 
and  by-laws  relative  to  visitation  of  schools;  relative  to  the 
length  of  time  schools  shall  be  kept,  which  shall  not  be  less 
than  three  months  in  each  year;  relative  to  the  employment  of 
teachers  duly  and  legally  qualified;  relative  to  the  regulations 
of  schools  and  the  books  to  be  used  therein,  and  generally  to 
do  all  things  needful  and  desirable  for  the  maintenance,  pros- 
perity and  success  of  the  schools  of  said  district,  and  the  pro- 
motion of  a  thorough  education  of  the  children  thereof.     It 

shall  be  the  duty  of  the  treasurer  of  said  board  to  apply  for  Treasurer  to 
and  receive  from  the  township  treasurer  or  other  officer  hold- 
ing  the  same,  all  moneys  appropriated  for  primary  [schools] 
school  and  district  library  of  said  district. 

Perrizo  v.  Kesler,  93  /  283. 

(4831  SEC.  9.    At  each  annual  township  meeting  held  in  said  T*x  J^8soh001 
township,  the  qualified  electors  present  shall  determine  the  pl 
amount  of  money  to  be  raised  by  tax  for  all  school  purposes  for 
the  ensuing  year :  Provided,  That  in  case  the  electors  at  any  an-  Proviso, 
nual  township  meeting  shall  neglect  or  refuse  to  determine  the 
amount  to  be  raised  as  aforesaid,  then  the  board  of  education 
shall  determine  the  same  at  any  regular  meeting  thereof, 
which  amount  the  township  clerk  shall,  within  sixty  days 
thereafter,  certify  to  the  supervisor  of  the  township,  who  shall 
spread  the  same  upon  the  regular  tax  roll  of  said  township, 
and  the  same  shall  be  levied,  collected  and  returned  in  the 
same  manner  as  other  township  taxes:  Provided,  That  for  pur-  Idem. 
chasing  school  lots  and  for  erecting  school-houses,  no  greater 


80 


GENERAL    SCHOOL    LAWS. 


Of  assessment 
roll. 


Treasurer  to 
report,  etc. 


Board  to  make 
statement,  etc. 


sum  than  three  mills  on  the  dollar  of  all  the  taxable  valuation- 
of  the  real  and  personal  property  in  said  township  shall  be 
levied  in  any  one  year. 

(4832)  SEC.  10.     All  taxes  assessed  within  said  township 
for  school  purposes  shall  be  set  forth  in  the  assessment  roll 
of  said  township,  in  a  separate  column,  apart  and  distinct 
from  all  other  township  taxes. 

(4833)  SEC.  11.     The  treasurer  of  the  township  shall  at  any 
time,  at  the  written  request  of  said  board  of  education,  report 
to  said  board  the  amount  of  school  money  in  his  hands,  and 
shall,  on  the  order  of  the  president  of  said  board  of  educa- 
tion, pay  to  the  treasurer  of  said  board  all  such  money,  taking 
his  receipt  therefor,  and  also  a  duplicate  receipt  which  he 
shall  file  with  the  clerk  of  said  board. 

(4834)  SEC.  12.     The  said  board  shall  annually,  prior  to  the 
first  day  of  April  in  each  year,  make  a  detailed  statement  of 
the  number  of  schools  in  said  district,  the  number  of  teachers 
employed,  and  the  number  of  pupils  instructed  therein  during 
the  preceding  year,  and  the  expenditures  of  said  board  for  all 
purposes,  and  also  the  resources  and  liabilities  of  said  district, 
which  report  or  statement  shall  be  entered  at  length  in  the  rec- 
ord of  said  board  and  shall  be  publicly  read  by  the  president 
of  said  board,  or  in  his  absence  by  the  clerk  thereof,  to  the 
electors  of  said  township  at  their  annual  meeting  on  the  first 
Monday  of  April  thereafter  at  the  hour  of  twelve  o'clock,, 
noon. 

(4835)  SEC.   13.    All   school   property,   both  real   and   per- 
sonal, within  the  limits  of  a  township  incorporated  as  afore- 
said, shall,  by  force  of  this  act,  become  the  property  of  the  pub- 
lic schools  of  such  township,  and  all  debts  and  liabilities  of 
the  primary  school  districts  of  said  township,  as  they  existed 
prior  to  its  incorporation  under  the  provisions  of  this  act, 
shall  become  the  debts  and  liabilities  of  said  public  schools  of 
the  township  so  incorporated. 

While  the  injustice  and  inequality  of  this  section  may  well  be  admitted,  in> 
certain  cases,  yet  there  is  no  constitutional  objection  to  it.— Perrizo  v.  Kes- 
ler,  93  /  283-4. 


Disposition  of 
school  prop- 
erty. 


raise!n>eytax 


Compensation 
of  board,  etc. 


(4836)  SEC.  14.     All  money  raised  or  being  raised  by  tax,  or 
accrued  or  accruing  to  the  school  districts  of  said  township,  as 
organized  under  the  primary  school  laws  of  this  state  shall 
hereby  become  the  money  of  the  public  school  of  the  town- 
ship and  no  tax  heretofore  ordered  assessed  or  levied  for 
school  purposes  in  said  township  or  other  proceedings  shall  be 
invalidated  or  affected  by  means  of  this  act. 

(4837)  SEC.  15.     The  compensation  of  the  members  of  the 
board  of  education  shall  be  one  dollar  and  fifty  cents  for  each 
day's  actual  service  rendered  for  said  district,  and  the  clerk 
and  treasurer  of  said  board  shall  receive  such  compensation 
for  their  services  as  the  board  may  determine,  not  exceeding 
fifty  dollars  each  per  annum. 

(4838)  SEC.  16.     When  any  township  district  shall  be  di- 
vided into  two  or  more  townships,  the  existing  board  of  trust- 


GENERAL    SCHOOL     LAWS. 


ees  shall  continue  to  act  for  all  the  townships  until  the  same 
have  been  organized  and  township  boards  of  trustees  duly 
elected  and  qualified  therein.  Immediately  after  such  organ- 
ization the  township  boards  of  each  of  the  townships  shall 
meet  in  joint  session  and  direct  an  appraisal  of  all  the  school 
property  of  the  former  township  to  be  made.  When  such  ap- 
praisal has  been  made,  said  township  boards  shall  make  an 
equitable  division  of  the  existing  assets  and  liabilities  of  the 
school  district  of  such  former  township,  basing  their  appor- 
tionment upon  the  amount  of  taxable  property  in  the  town- 
ship divided,  as  shown  by  the  last  assessment  roll  of  such 
former  township.  When  a  township  district  shall  be  altered 
in  its  limits  by  annexing  a  portion  of  its  territory  to  another 
township  or  townships,  the  township  boards  of  each  of  the 
townships  shall,  immediately  after  such  alteration,  meet  in 
joint  session  and  make  an  equitable  division  of  the  assets  and 
liabilities  of  the  school  district  of  the  township  from  which 
the  territory  has  been  detached,  basing  their  division  upon  the 
amount  of  taxable  property,  as  the  same  shall  appear  upon  the 
last  assessment  roll  of  such  township. 


CHAPTER     120.— TEACHERS'      INSTITUTES. 

An  Act  to  provide  for  the  better  SUPPORT  OF  TEACHERS'  INSTI-  Act  53, 1877,  p. 
TUTES,  and  to  repeal  sections  three  thousand  seven  hundred  and  JJ;  APP-  APr- 
eighty-nine,  three  thousand  seven  hundred  ninety,  and  three  thousand 
seven  hundred  ninety-one  of  the  compiled  laws  of  eighteen  hundred 
and  seventy-one. 

(4839)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 

That  all  boards  or  officers,  authorized  by  law  to  examine  ap-  ^Ju^teis 
plicants  for  certificates  of  qualification  as  teachers,  shall  col-  from  applicants 
lect,  at  the  time  of  examination,  from  each  male  applicant  for  fc 
a  certificate,  an  anual  fee  of  one  dollar,  and  from  each  female 
applicant  for  a  certificate,  an  annual  fee  of  fifty  cents,  and  the 
director  and  secretary  of  any  school  board  that  shall  employ 
any  teacher  who  has  not  paid  the  fee  hereinbefore  provided, 
shall  collect,  at  the  time  of  making  contract,  from  each  male  when  to  be 
teacher  so  employed,  an  annual  fee  of  one  dollar,  and  from  SiSctS-feto., 
each  female  teacher  so  employed,  an  annual  fee  of  fifty  cents.  ot  8Cb°o1  board> 
All  persons  paying  a  fee  as  required  by  this  section,  shall  be 
given  a  receipt  for  the  same,  and  no  person  shall  be  required  BeceiP*- 
to  pay  said  fee  more  than  once  in  any  school  year. 

How.  5187.— Am..  1883;  p.  103;    App.  May  24;  Act  112. 

ACT  VALID:  This  act  does  not  conflict  with  Const,  xiv,  1,  on  the  ground 
that  the  fees  are  specific  taxes;  nor  on  the  ground  that  the  fees  are  not 
uniform.  This  section  is  not  defective,  incomplete,  ineffectual  and  therefore 
void.— Hammond  v.  School  Board,  67  N.  W.  973. 

(4840)  SEC.  2.     All  such  fees,  collected  by  the  director  or  Disposition 
secretary  of  any  school  board,  shall  be  paid  over  to  the  secre-  Ol 

tary  of  the  county  board  of  school  examiners  of  the  county  in 
which  they  were  collected,  on  or  before  the  fifteenth  day  of 
March,  June,  September  and  December,  accompanied  by  a  list 
11 


«2 


GENERAL    SCHOOL    LAWS. 


of  those  persons  from  whom  they  were  collected,  and  all  of 
such  fees,  together  with  all  those  that  shall  be  collected  by  the 
county  board  of  school  examiners,  shall  be  paid  over  by  the 
secretary  of  said  board  of  school  exeminers  to  the  treasurer  of 
the  county  in  which  they  were  collected,  on  or  before  the  last 
day  of  March,  June,  September  and  December,  in  each  year, 
accompanied  by  a  complete  list  of  all  persons  from  whom  said 
fees  were  collected,  and  a  like  list,  accompanied  by  a  state- 
ment from  the  county  treasurer  that  said  fees  have  been  paid 
to  him,  shall  be  sent  by  said  secretary  to  the  superintendent 
of  public  instruction.  All  moneys  paid  over  to  the  county 
treasurer,  as  provided  by  this  act,  shall  be  set  apart  as  a 
teacher's  institute  fund,  to  be  used  as  hereinafter  provided. 


How.  5188— Am. 


5,  p.  103;  App.  May  24;  Act  112. 


Annual  county 
institute. 


Proviso — when 
^optional  with 
superin- 
tendent. 


•Proviso. 


-Proviso. 


•In  case  of 
inability  of 
superin- 
tendent. 


Certificate  of 
attendance. 


Teachers 
•attending  not 
to  forfeit 
wages. 


(4841)  SEC.   3.     The   superintendent  of   public   instruction 
shall  annually  appoint  a  time  and  place  in  each  organized 
county  for  holding  a  teachers'  institute,  make  suitable  ar- 
rangements therefor,  and  give  due  notice  thereof:    Provided, 
That  in  organized   counties  having  less  than  one  thousand 
children  between  the  ages  of  five  and  twenty  years,  the  kold- 
ing  of  such  institute  shall  be  optional  with  the  said  superin- 
tendent, unless  requested  to  hold  such  institute  by  fifteen 
teachers  of  the  county  in  which  such  institute  is  to  be  held: 
Provided,  however,  That  if  there  shall  not  be  a  sufficient  num- 
ber of  teachers  in  any  county  to  make  such  request,  then 
teachers  of  adjoining  counties  who  desire  to  attend  such  insti- 
tute may  unite  in  the  required  application  to  said  superin- 
tendent:   Provided,  also,  That  the  said  superintendent  may, 
in  his  discretion,  hold  an  institute  for  the  benefit  of  two  or 
more  adjoining  counties,  and  draw  the  institute  fund  from 
each  of  the  counties  thus  benefited,  as  hereinafter  provided. 

Am.  1879,  p.  60;  App.  May  13;  Act.  68.— How.  5189. 

(4842)  SEC.  4.     The  superintendent  of  public  instruction,  in 
case  of  inability  personally  to  conduct  any  institute,  or  to 
make  the  necessary  arrangements  for  holding  the  same,  i» 
hereby  authorized  to  appoint  some  suitable  person  for  that 
purpose,  who  shall  be  subject  to  the  direction  of  said  superin- 
tendent.    Every  teacher  attending  any  institute  held  in  ac- 
cordance with  the  provisions  of  this  act,  shall  be  given  by  the 
superintendent  of  public  instruction,  or  by  the  duly  appointed 
conductor,  a  certificate  setting  forth  at  what  sessions  of  said 
institute  such  teacher  shall  have  been  in  attendance,  and  any 
teacher  who  shall  have  closed  his  or  her  school,  in  order  to  at- 
tend  said   institute,    shall   not   forfeit   his  or  her  wages  as 
teacher,  during  such  time  as  he  or  she  shall  have  been  in  at- 
tendance at  said  institute,  and  the  certificate  hereinbefore  pro- 
vided shall  be  evidence  of  such  attendance. 


How.  5190.— Am. 


p.  103;  App.  May  24;  Act  112. 


GENERAL    SCHOOL    LAWS. 


(4843)  SEC.  5.     For  the  purpose  of  defraying  the  expenses 

of  rooms,  fires,  lights,  or  other  necessary  charges,  and  for  paid 
procuring  teachers  and  lecturers,  the  said  superintendent,  or 
the  person  duly  authorized  by  him  to  conduct  said  institute, 
may  demand  of  the  county  clerk  of  each  county  for  the  benefit 
of  which  the  institute  is*  held,  who  shall  thereupon  draw  an 
order  on  the  county  treasurer  of  his  county  for  such  sum,  not 
exceeding  the  amount  of  the  institute  fund  in  the  county 
treasury,  as  may  be  necessary  to  defray  the  expenses  of  said 
institute;  and  the  treasurer  of  said  county  is  hereby  required 
to  pay  over  to  said  superintendent  or  duly  appointed  institute 
conductor,  from  the  institute  fund  in  his  hands,  the  amount  of 
said  order. 

Am.  1879,  p.  60;  App.  May  13,  Act  68.—  How.  5191. 

(4844)  SEC.  6.     In  case  the  institute  fund  in  any  county 
«hall  be  insufficient  to  defray  the  necessary  expenses  of  any 
institute  held  under  the  provisions  of  this  act  the  auditor  gen- 
eral shall,  upon  the  certificate  of  the  superintendent  that  he 
has  made  arrangements  for  holding  such  institute,  and  that 
the  county  institute  fund  is  insufficient  to  meet  the  expenses 
thereof,  draw  his  warrant  upon  the  state  treasurer  for  such  ad- 
ditional sum  as  said  superintendent  shall  deem  necessary  for 
•conducting  such  institute,  which  sum  shall  not  exceed  one 
hundred*  dollars  for  each  institute,  and  shall  be  paid  out  of 
the  general  fund. 

How*.  5191a. 

(4845)  SEC.  7.     The  superintendent  is  authorized  to  hold, 
once  in  each  year,  an  institute  for  the  state  at  large,  to  be  de- 
nominated a  state  institute,  and  for  the  purpose  of  defraying 
the  necessary  expenses  of  such  institute,  the  auditor  general 
shall,  on  the  certificate  of  said  superintendent  that  he  has 
made  arrangements  for  holding  such  institute,  draw  his  war- 
rant upon  the  state  treasurer  for  such  sum  as  said  superintend- 
ent shall  deem  necessary  for  conducting  such  institute,  which 
sum  shall  not  exceed  four  hundred  dollars  and  shall  be  paid 
out  of  the  general  fund:    Provided,  That  not  more  than  three 
thousand*  dollars  shall  be  drawn  from  the  treasury,  or  any 
greater  liability  incurred  in  any  one  year  to  meet  the  provis- 
ions of  this  act. 

•The  italics  indicate  amendments  made  by  Act  No.  64,  Public  Acts  of  1899. 
How  5192. 

Vouchers  for 

(4846)  SEC.  8.     The  superintendent  of  public  instruction  or  payments. 
the  conductor  of  the  institute  by  him  appointed,  drawing 
money  from  the  county  treasurer,  under  section  five  of  this 

act,  shall,  at  the  close  of  each  institute,  furnish  to  the  county 
treasurer,  vouchers  for  all  payments  from  the  same  in  accord- 
ance with  this  aet,  and  he  shall  return  to  the  county  treasurer 


84  GENERAL  SCHOOL  LAWS. 

whatever  of  the  amount  that  may  remain  unexpended,  to  be 
replaced  in  the  institute  fund. 

How.  5193.    Sec.  9  repeals  the  laws  mentioned  in  the  title.    How.  5194. 

CHAPTER  121.—  COMPULSORY   EDUCATION. 

Act  95,  1895,  P.  An  Act  to  provide  for  the  COMPULSORY  EDUCATION  of  children, 
26-:EffPA4Pr"  for  the  PUNISHMENT  OF  TRUANCY,  and  to  repeal  all  acts  or 
so.'  parts  of  acts  conflicting  with  the  provisions  of  the  same. 


(4847)  SECTION  1.     The  People  of  tlie  State  of  Michigan  enact, 
children  under  That  every  parent,  guardian  or  other  person  in  the  state  of 
Michigan  having  control  and  charge  of  any  child  or  children 
between  the  ages  of  eight  and  sixteen  years  and  in  cities  be- 
tween the  ages  of  seven  and  sixteen  years,  shall  be  required  to 
send  such  child  or  children  to  the  public  school  for  a  period  of 
at  least  four  months  in  each  school  yea^,  except  that  in  cities 
having  a  duly  constituted  police  force,   the  attendance   at 
school  shall  not  be  limited  to  four  months  beginning  on  the 
first  Monday  of  the  first  term  commencing  in  his  or  her  district 
after  September  first  of  each  year.     And  such  attendance,  in 
cities,  shall  be  consecutive  until  each  and  every  pupil  between 
the  ages  of  seven  and  sixteen  years  shall  have  attended  school 
the  entire  school  year  previous  to  the  thirtieth  day  of  June  in 
SSdrenatatight  eac^  scno°l  year  :     Provided,  If  it  be  shown  that  any  such 
in  private         child  or  children  are  being  taught  in  a  private  school  in  such 
branches  as  are  usually  taught  in  the  public  schools,  or.  have 
already  acquired  the  ordinary  branches  of  learning  taught  in 
public  schools,  or  if  the  person  or  persons  in  parental  relation 
to  such  child  or  children  present  a  written  statement  that 
such  child  or  children  is  or  are  physically  unable  to  attend 
school,  the  truant  officer  or  district  board  may  employ  a  repu- 
o      table  physician  to  examine  such  child  or  children,  and  if  such 
unable  physician  shall  certify  that  such  child  or  children  is  or  are 
schaooind          physically    unable    to    attend  school,  such  child  or  children 
shall  be  exempt  from  the  provisions  of  this  act:    Provided 
further,  That  the  school  boards  in  cities  may  on  the  recom- 
ildren  mendation  of  the  superintendent  of  schools  and  of  the  truant 
schooi.ttending  officer,  exempt,  children  over  fourteen  years  of  age  from  at- 
tendance at  school  for  either  a  part  or  for  the  whole  of  the 
time  until  they  shall  severally  reach  the  age  of  sixteen  years, 
for  any  reason  that  said  boards  may  deem  sufficient:     And 
Further  proviso  further  provided,  That  in  case  a  public  school  shall  not  be 
chiidrlrTshaii    taught   for    four    months    during    the  time  herein  specified, 
be  exempt.        within  two  miles  by  the  nearest  traveled  road,  of  the  residence 
of  any  such  child  or  children,  such  child  or  children  shall  not 
be  liable  to  the  provisions  of  this  act. 

Am.  1897,  p.  77;  App.  May  13;  Eff.  Aug.  30;  Act  67. 

This  act  is  deemed  to  have  superseded  act  144  of  1883  and  act  108  of  1885,. 
(How.  5174g-5174u.)  and  was  so  intended  by  the  department  of  public  instruc- 
tion in  preparing  the  bill  for  its  enactment.  See  act  to  punish  truancy  and,; 
prevent  crime.  Section  11,765. 


GENERAL    SCHOOL    LAWS.  85 

(4848)  SEC.  2.     The  district  board  or  board  of  education  in  Jii8atprj)c0ti^ard 
each  school  district  in  the  state  which  has  been  organized  as  a  truant  officer. 
graded  school  district,  or  as  a  township  district  according  to 

the  laws  of  the  state,  shall,  at  its  first  meeting,  after  this  law 
goes  into  effect,  and  previous  to  the  tenth  day  of  September  of 
*each  year,  appoint  a  truant  officer  for  the  term  of  one  year  from 
and  after  the  first  Monday  of  September  of  each  year.     In  inho°tTbehips 
townships  whose  districts  have  been  organized  under  the  pri-  truant  officers. 
mary  school  law,  the  chairman  of  the  township  board  of  school 
inspectors  shall  be  the  truant  officer  and  shall  perform  all  the 
•duties  of  truant  officer,  as  provided  for  in  this  act,  so  far  as 
the  provisions  of  this  law  apply  to  the  territory  over  which  he 
lias  jurisdiction:     Provided,  That  in  cities  having  a  duly  or-  d5S  having 
ganized  police  force,  it  shall  be  the  duty  of  the  police  authority,  organized 
.at  the  request  of  the  school  authorities,  to  detail  one  or  mo're  poL 
members  of  said  force  to  perform  the  duties  of  truant  officer. 
The  compensation  of  the  truant  officer  shall  be  fixed  in  graded 
school  districts  by  the  board  which  appoints,  and  in  town- 
ships by  the  township  board  and  in  no  case  shall  such  com- 
pensation be  less  than  one  dollar  and  fifty  cents  per  day  for 
time  actually  employed  under  direction  of  the  school  board  in 
performance  of  his  official  duties.     The  compensation  of  truant  of°™SStation 
•officers  shall  be  allowed  and  paid  in  the  same  manner  as  inci-  officers. 
•dental  expenses  are  paid  by  such  boards. 

(4849)  SEC.  3.     It  shall  'be  the  duty  of  the  truant  officer  to  Duties  of 
investigate  all  cases  of  truancy  or  non-attendance  at  school  tr 
.and  render  all  service  within  his  power  to  compel  children  to 
attend  school  and  when  informed  of  continued  non-attendance 

by  any  teacher  or  resident  of  the  school  district  he  shall  imme- 
diately notify  the  persons  having  control  of  such  children  that,  JJ^anf  officer 
on  the  following  Monday,  such  children  shall  present  them-  to  parent  or 
selves  with  the  necessary  text-books  for  instruction  in  the  ^ 
proper  school  or  schools  of  the  district.  The  notice  shall  in- 
form said  parent  or  guardian  that  attendance  at  school  must 
be  consecutive  at  least  eight  half  days  of  each  week  until  the 
end  of  that  term,  except  in  cities  having  a  duly  constituted 
police  force,  attendance  in  school  shall  be  continuous.  In  case 
any  parent,  guardian  or  other  person  shall  fail  to  comply  with 
the  provisions  of  this  act,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor  and  shall,  on  conviction,  be  liable  to  a  fine  of  not  less 
than  five  dollars,  nor  more  than  fifty  dollars,  or  by  imprison- 
ment in  the  county  or  city  jail  for  not  less  than  two  nor  more 
than  ninety  days,  or  by  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court. 

(4850)  SEC.  4.     In  all  city  school  districts  in  this  state  having  where 
a  school  census  of  five  hundred  or  more  pupils,  the  school 
board  or  officers  having  in  charge  the  schools  of  such  districts 

may  establish  one  or  more  ungraded  schools  for  the  instruction  tion  of  certain 
of  certain  children,  as  defined  and  set  forth  in  the  following  cl 
section.     They  may,  through  their  truant  officer  and  superin- 
tendent of  schools,  require  such  children  to  attend  said  un- 


86 


GENERAL  SCHOOL  LAWS. 


To  be  classified 
into  three 
elasses. 


Truant  officer 
to  make  com- 
plaint against 
parent  or 
guardian  for 
neglect  of  duty. 


graded  schools,  or  any  department  of  their  graded  schools,  as 
said  board  of  education  may  direct. 

ju?eniieemed  (4851)  SEC.  5.  The  following  classes  of  persons  between  the 
disorderly  ages  of  eight  and  fourteen  years,  and  in  cities  between  the 
ages  of  seven  and  sixteen  years,  shall  be  deemed  juvenile  dis- 
orderly persons,  and  shall,  in  the  judgment  of  the  proper 
school  authorities,  be  assigned  to  the  ungraded  school  or 
schools  as  provided  in  section  four  of  this  act:  Class  oner 
habitual  truants  from  any  school  in  which  they  are  enrolled 
as  pupils;  class  two,  children  who,  while  attending  any  school, 
are  incorrigibly  turbulent,  disobedient  or  insubordinate,  or 
are  vicious  or  immoral  in  conduct;  class  three,  children  who 
are  not  attending  any  school  and  who  habitually  frequent 
streets  and  other  public  places,  having  no  lawful  business,  em- 
plbyment  or  occupation. 

(4852)  SEC.  6.     It  shall  be  the  duty  of  the  truant  officer,  in 
case  of  a  violation  of  this  law,  within  one  week  after  having 
given  the  notice  to  the  parent  or  guardians  as  specified  in  sec- 
tion three,  to  make  a  complaint  against  said  parent,  guardian 
or  other  person  having  the  legal  charge  and  control  of  such 
child,  before  a  justice  of  the  peace  in  the  city,  village  or  town- 
ship where  the  party  resides,  except  in  cities  having  recorder's 
or  police  court,  for  such  refusal  or  neglect;  and  said  justice  of 
the  peace,  police  judge,  or  recorder's  court  shall  issue  a  warrant 
upon  said  complaint  and  shall  proceed  to  hear  and  determine 
the  same,  and  upon  conviction  thereof  said  parent,  guardian  or 
other  person,  as  the  case  may  be,  shall  be  punished  according 
to  provisions  of  section  three  of  this  act.     It  shall  be  the  duty 
of  all  school  officers,  superintendents  or  teachers,  to  render 
such  assistance  and  furnish  such  information  as  they  have 
at  their  command,  to  aid  said  truant  officer  in  the  fulfillment  of 
his  official  duties. 

(4853)  SEC.  7.     When,  in  the  judgment  of  school  boards  of 
primary  and  township  school  districts  or  the  superintendent 
of  city  schools  and  the  truant  officer,  it  becomes  certain  that 
all  legal  means  have  been  exhausted  in  their  attempts  to  com- 
pel the  attendance  at  school  of  a  juvenile  disorderly  person,, 
the  truant  officer  shall,  in  case  the  person  in  parental  relation 
to  the  child  neglects  or  refuses  to  do  so,  make  a  complaint 
against  such  juvenile  disorderly  person  before  a  court  of  com- 
petent jurisdiction  that  said  child  is  a  juvenile  disorderly  per- 
son as  described  in  section  five  of  this  act.     The  justice  of  the 
peace  or  court  shall  issue  a  warrant  and  proceed  to  hear  such 
complaint;  and  if  said  justice  of  the  peace  or  court  shall  deter- 
mine that  said  child  is  a  juvenile  disorderly  person  within  the 
meaning  of  this  act,  then  said  justice  of  the  peace  or  court  shall 
thereupon,  and  after  consultation  with  the  county  agent  of 
corrections  and  charities,  sentence  such  child,  if  a  boy,  to  the 
industrial  school  for  boys  at  Lansing  for  a  term  not  extending 
beyond  the  time  when  said  child  shall  arrive  at  the  age  of 
seventeen  years  unless  sooner  discharged  by  the  board  of  con- 


Penalty  upon 
•onviotion. 


When  com- 
plaint to  be 
made  against 
juvenile  disor- 
derly persons. 


Justice  of  the 
peace  to  issue 
warrant. 


Boys  to  be 
committed  to 
industrial 
school  for  boys 


GENERAL    SCHOOL    LAWS.  87 

trol  of  said  industrial  school  for  boys;  or,  if  a  girl,  to  the  indus- 
trial  home  for  girls  at  Adrian,  for  a  term  not  extending  beyond 
the  time  when  said  child  shall  arrive  at  the  age  of  seventeen 
years,  unless  sooner  discharged  by  the  board  of  control  of  said 
industrial  home  for  girls :  Provided,  however,  That  such  sen- 
tence  shall,  in  case  of  the  first  offense,  be  suspended. 

C.  L.  '57,  1313.— C.  I..  '71,  1631.— How.  1593.     Sec.  8  repeals  "all  acts  or  parts 
•f  acts  conflicting  with  the  provisions  of  this." 


CHAPTER  325.— MISCELLANEOUS   OFFENSES. 

An  Act  to  prevent  CRIME  and  PUNISH  TRUANCY.  Act  162, 1883,  p. 

175;  app.  June 
6;Eff.  Sept.  8. 

(11765)  SECTION  1.     That  every  boy  between  the  age  of  ten 
and  sixteen  years,  or  any  girl  between  the  age  of  ten  and  seven- 
teen years,  who  shall  "frequent  or  be  found  lounging  about 
saloons,  disreputable  places,  houses  of  ill  fame,  or  who  shall  or  disorderly 
be  an  inmate  or  resident  or  a  member  of  a  family  who  reside  p< 

in  any  house  of  ill  fame,  or  conduct  any  other  disreputable 
place,  or  who  shall  frequent  other  rooms  or  places  where  dis- 
solute and  disreputable  people  congregate,  or  where  intoxicat- 
ing liquors  are  kept  for  sale,  or  who  shall,  against  the  com- 
mand of  his  or  her  parents  or  guardian,  run  away  or  wilfully 
absent  himself  or  herself  from  the  school  he  or  she  is  attend- 
ing, or  from  any  house,  office,  shop,  firm  or  other  place  where 
he  or  she  is  residing  or  legitimately  employed  with  labor,  or 
who  shall  against  such  command  of  his  or  her  parents  or  guar- 
dian for  any  immoral,  disorderly  or  dishonest  purposes  be 
found  lounging  upon  the  public  streets,  highways  or  other 
public  resorts  or  at  places  of  amusement  of  dissolute  or  im- 
proper character,  or  who  shall  against  any  such  command  for 
any  such  disorderly  or  dishonest  purpose  attend  any  public 
dance,  skating  rink,  or  show,  shall  be  deemed  guilty  as  a  truant 
or  disorderly  child. 

How.  9315c.— Am.  1895,  p.  341;  Apjp.  May  22;  Eff.  Aug.  30;  Act  183.— Am.  1897, 
p.  398;  App.  June  2;  Eff.  Aug.  30;  Act  265. 

(11766)  SEC.  2.     Upon  the  complaint  upon  oath  and  in  writ-  ^£o  to.  make- 
ing  made  before  any  justice  of  the  peace,  police  justice  or  other  °c 
criminal  magistrate  by  the  parent  or  guardian,  or  other  per- 
son knowing  of  the  facts  of  his  own  knowledge,  that  any  girl 
between  the  age  of  ten  and  seventeen  years,  or  that  any  boy 
between  the  age  of  ten  and  sixteen  years,  or  by  the  supervisor 

of  any  township,  or  mayor  of  any  city,  or  president  of  any 
village,  and  in  any  city  of  over  eight  thousand  population  by 
the  chief  of  police,  mayor,  or  other  person  knowing  of  the 
facts  of  his  own  knowledge,  that  such  minor  has  been  guilty 
of  any  of  the  acts  specified  in  section  one  of  this  act,  such 

justice  of  the  peace,  police  justice*  or  other  criminal  magistrate, 
shall  issue  a  warrant  for  the  arrest  of  such  minor,  and  upon 
conviction  such  minor,  if  a  boy,  may  be  sentenced  by  such 

justice  of  the  peace,  police  justice*  or  criminal  magistrate,  to 


88 


GENERAL    SCHOOL    LAWS. 


the  Industrial  School  for  Boys  at  Lansing,  and  if  a  girl,  to 
the  Industrial  Home  for  Girls  at  Adrian,  boys  until  eighteen 
years  of  age,  and  girls  until  twenty-one  years  of  age,  unless 
Proviso  as  to  sooner  discharged  according  to  law:  Provided,  That  no  per- 
son or  persons  shall  be  sent  to  said  Industrial  School  for  Boys 
or  to  the  Industrial  Home  for  Girls  until  the  sentence  therein 
has  been  submitted  to  and  approved  by  one  of  the  judges  of 
the  recorder's  court  of  the  city  of  Detroit,  or  judge  of  the 
superior  court  of  the  city  of  Grand  Rapids,  or  any  circuit 
judge*  or  probate  judge  of  the  county  in  which  such  conviction 
shall  be  had. 

Note.— *Italics  indicate  amendments  made  by  Act  No.  75,  Laws  of  1899. 


',  9315d.—  Am.  1897,  p.  104;  App.  Apr.  28;  Eff.  Aug.  30;  Act  96.  This  amend- 
ment was  cut  off  by  the  one  immediately  following.—  Am.  1897,  p.  398;  App. 
June  2;  Eff.  Aug.  30;  Act  265,  '  Sec.  3  repeals  "all  acts  and  parts  of  acts  in 
anywise  contravening  the  provisions  of  this  act." 


Proceedings 
upon  trial. 


Duty  of  state 
agent. 


(11767)  SEC.  3.  The  same  proceedings  shall  be  had  upon  the 
trial  of  any  person  charged  with  being  guilty  of  any  of  the 
offenses  mentioned  in  section  one  of  this  act  before  the  justice 
before  whom  such  person  is  brought  as  are  had  in  trials  for 
misdemeanor,  as  far  as  the  same  are  applicable,  and  the  state 
agent  for  the  care  of  juvenile  offenders  of  the  county  wherein 
such  offenders  may  be  on  trial  shall  have  authority  and  take 
the  same  action  in  the  premises  as  is  provided  by  act  number 
one  hundred  and  seventy-one  of  the  session  laws  of  eighteen 
hundred  and  seventy-three  of  this  state. 

How.  9315e. 


CHAPTER  81.— POWERS,  DUTIES.  AND  OFFICERS  OF  TOWNSHIPS. 

<From  this  chapter  we  quote  only  such  sections  as  relate  to  the  election, 
powers,  and  duties  of  SCHOOL,  INSPECTORS.) 


Annual  meet- 
ing. 


Officers  to  be 
elected. 


(2275)  SEC.  8.  The  annual  meeting  of  each  township  shall 
he  held  on  the  first  Monday  in  April  in  each  year,  and  at  such 
meeting  there  shall  be  an  election  for  the  following  officers: 
one  supervisor,  one  township  clerk,  one  treasurer,  one  school 
inspector,  one  commissioner  of  highways,  so  many  justices  of 
the  peace  as  there  are  by  law  to  be  elected  in  the  township, 
and  so  many  constables  as  shall  be  ordered  by  the  meeting, 
not  exceeding  four  in  number. 

C.  L.  '57,  500.— C.  L.  '71,  643.— Am.  1875,  p.  36;  App.  March  20;  Act  42.— Am. 
1881,  p,  155;  App.  May  19;  Eff.  July  1;  Act  158.— How.  677. 

ANNUAL,  MEETINGS:  Annual  meetings  and  general  elections  distin- 
guished.—People  v.  Knight,  13  /  424.  Annual  meting  held  outside  of  town- 
ship.—Id. 

OFFICERS:  The  regulation  of  township  affairs,  legally  concerning  none 
but.  the  people  of  the  town,  cannot  be  lawfully  vested  in  any  officers  im- 
posed upon  the  town  from  without.— Hubbard  v.  Springwells,  25  /  153,  156.  See 
People  v.  Hurlbut,  24/44;  Att'y  Gen.  v.  Lothrop,  24  /  235;  Park  Commrs.  v. 
Common  Council,  28  /  228;  Att'y  Gen.  v.  Common  Council,  29  /  110;  Youngblood 
v.  Sexton,  32  /  416,  417;  AJJor  v.  Wayne  Auditors,  43  /  98. 


GENERAL    SCHOOL    LAWS.  89 


(2276)  SEC.  9.     Each  of  the  officers  named  in  the  last  pre  cSn8  b? 
ceding  section,  shall  be  chosen  by  ballot,  and  before  proceed-  t>aiiot. 
ing  to  choose  the  officers  hereinafter  directed  to  be  chosen  at 
such  meeting. 

C  .L.  '57,  501.—  C.  L.  '71,  644.—  How.  678.    As  to  the  last  clause,  see  Section  2309. 

(2283)  SEC.  13.  Each  school  inspector  elected  as  aforesaid 
shall  hold  his  office  for  two  years  from  that  time  and  until  his 
successor  shall  be  elected  and  duly  qualified,  except  when 
elected  or  appointed  to  fill  a  vacancy,  in  which  case  he  shall 
hold  the  office  during  the  unexpired  portion  of  the  regular 
term:  Provided,  That  in  the  year  eighteen  hundred  eighty- 
two  one  additional  school  inspector  in  each  township  shall  be 
elected  for  the  term  of  one  year:  Provided  further,  That  the 
township  superintendent  of  schools  and  school  inspectors,  now 
in  office  shall  continue  to  act  as  school  inspectors,  and  said 
superintendent  of  schools  shall  continue  to  act  as  chairman  of 
the  board  of  school  inspectors  until  the  school  inspectors  pro- 
vided for  by  this  act  shall  have  been  elected  and  duly  qualified 
and  shall  enter  upon  the  duties  of  their  respective  offices. 

C.  L.  '57,  505.—  C.  L.  '71,  648.—  Repealed  1875;  p.  38;  App.  Mar.  20;  Act  42.—  Re- 
stored and  Am.  1881,  p.  155;  App.  May  19;  Eff.  July  1;  Act.  158.—  How.  684a. 

(2285)  SEC.  15.  Each  township  officer  elected  at  a  special 
meeting  to  fill  a  vacancy,  shall  hold  his  office  during  the  then 
unexpired  portion  of  the  regular  term  of  the  office,  and  no 
longer,  unless  again  elected. 

C.  L.  '57,  507.-C.  L.  '71,  650.-How.  686. 

(2374)  SEC.  95.  The  following  township  officers  shall  be 
entitled  to  compensation  at  the  following  rates,  for  each  day 
actually  and  necessarily  devoted  by  them  to  the  service  of  the 
township,  in  the  duties  of  their  respective  offices,  to  be  verified 
by  affidavit,  whenever  required  by  the  township  boards: 

First,  The  officers  composing  the  township  board,  board  of 
registration,  board  of  health,  inspectors  of  election,  clerks  of 
the  poll,  commissioners  of  the  highways  and  school  inspectors, 
one  dollar  and  fifty  cents  per  day,  and  at  the  same  rate  for 
parts  of  days; 

Second,  The  township  clerk,  as  clerk  of  the  board  of  com- 
missioners of  highways,  of  the  township  board,  and  of  the 
board  of  school  inspectors,  one  dollar  and  fifty  cents  per  day, 
and  at  the  same  rate  for  parts  of  a  day;  but  no  township 
officer  shall  be  entitled  to  pay  for  acting  in  more  than  one 
capacity  at  the  same  time. 

C.  L.  '57,  587.—  Am.  1867,  p.  234;  App.  Mar.  27;  Act  179.—  C.  L.  '71,  741.—  How.  774. 

ECORSE  TOWNSHIP:  Act  343  of  1897  provides  salaries  for  certain  officers 
In  Ecorse  township,  Wayne  county,  as  follows:  Supervisor,  $600;  township 
clerk,  $300;  highway  commissioner,  $306;  each  justice  acting  on  the  township 
board,  $50. 

12 


90 


GENERAL  SCHOOL  LAWS. 


Act  117,  1855,  p. 
268;  app.  Feb. 

Fifteen  or  more 
teachers  may 
form  corpor- 
ation. 


Notice  to  be 
published. 


May  hold 
property. 

Restrictions 
upon  its  use. 


Privileges  and 
liabilities  of 
corporations. 


CHAPTER  210.— TEACHERS'   ASSOCIATIONS. 
An  act  to  incorporate  TEACHERS'  ASSOCIATIONS. 

(7730)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 
fifteen  or  more  teachers,  or  other  persons  residing  in  this 

state,  who  shall  associate  for  the  purpose  of  promoting  educa- 
tion and  science,  and  improvements  in  the  theory  and  practice 
of  teaching,  may  form  themselves  into  a  corporation,  under 
such  name  as  they  may  choose,  providing  they  shall  have  pub- 
lished in  some  newspaper  printed  at  Lansing  or  in  the  county  in 
which  such  association  is  to  be  located,  for  at  least  one  month 
previous,  a  notice  of  the  time,  place,  and  purpose  of  the  meet- 
ing for  such  association,  and  shall  file  in  the  office  of  the 
Secretary  of  State  a  copy  of  the  constitution  and  by-laws  of 
said  association. 

C.  L.  '57,  2046.— C.   L.   '71,  3152.— How.  4385. 

(7731)  SEC.  2.     Such  association  may  hold  and  possess  real 
and  personal  property  to  the  amount  of  five  thousand  dollars; 
but  the  funds  or  property  thereof  shall  not  be  used  for  any 
other  purpose  than  the  legitimate  business  of  the  association 
in  securing  the  objects  of  its  corporation. 

C.  L.  '57,  2047.— C.  L.  '71,  3153.— How.  4386. 

(7732)  SEC.  3.     Upon  becoming  a  corporation  as  hereinbfc- 
fore  provided,  they  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  of  a  corporation,  according 
to  the  provisions  of  chapter  fifty-five  of  the  revised  statutes 
of  this  state  [Chap.  130,  compiled  laws  of  1871],  so  far  as  such 
provisions  shall  be  applicable  in  such  case  and  not  inconsistent 
with  the  provisions  of  this  act. 

C.  L.  '57,  2048.— C.   L.   '71,  3154.— How.  4387.    Chap.  55  referred  to  is  Sections 

8527-51. 


CHAPTER  44,— STATE  ACCOUNTS. 


Act  i3i,  1875,  p.          An  Act  to  provide  for  the  safe  keeping  of  PUBLIC  MONEYS. 


158;  app.  April 
27;  eff.  Aug.  3. 

"Public 
moneys"  de- 
nned. 


(1197)  SECTION  1 .  The  People  of  the  State  of  Michigan  enact, 
That  all  moneys  which  shall  come  into  the  hands  of  any  officer 
of  the  state,  or  of  any  officer  of  any  county  or  of  any  township, 
school  district,  highway  district,  city,  or  village,  or  of  any 
other  municipal  or  public  corporation  within  this  state,  pursu- 
ant to  any  provision  of  law  authorizing  such  officer  to  receive 
the  same,  shall  be  denominated  public  moneys  within  the 
meaning  of  this  act. 


How.  423. 

As  to  county  treasurers,   see  Perley  v.   Muskegon  Co., 
Sections  2539  and  notes. 


/  132.     See  also 


GENERAL    SCHOOL    LAWS.  91 

(1198)  SEC.  2.     It  shall  be  the  duty  of  every  officer  charged  tp0Ubeke™tneys 
with  receiving,  keeping  or  disbursing  of  public  moneys  to  separate  from 
keep  the  same  separate  and  apart  from  his  own  money,  and  he  al 

shall  not  commingle  the  same  with  his  own  money,  nor  with 
the  money  of  any  other  person,  firm,  or  corporation. 

How.  424. 

(1199)  SEC.  3.     No  such  officer  shall,  under  any  pretext,  use  HOW  used, 
nor  allow  to  be  used,  any  such  moneys  for  any  purpose  other 

than  in  accordance  with  the  provisions  of  law;  nor  shall  he 
use  the  same  for  his  own  private  use,  nor  loan  the  same  to 
any  person,  firm,  or  corporation,  without  legal  authority  so 
to  do. 

How.  425. 

(1200)  SEC.  4.     In  all  cases  where  public  moneys  are  author;  Jj^ic'moSeys 
ized  to  be  deposited  in  any  bank,  or  to  be  loaned  to  any  to  constitute  a 
individual,  firm,  or  corporation,  for  interest,  the  interest  accru-  gen< 

ing  upon  such  public  moneys  shall  belong  to  and  constitute 
a  general  fund  of  the  State,  county,  or  other  public  or  munici- 
pal corporation,  as  the  case  may  be. 

How.   426. 

(1201)  SEC.  5.     In  no  case  shall  any  such  officer,  directly  or  ^SSJJ*!!?.*0 
indirectly,   receive  any  pecuniary  or  valuable   consideration  sideration  for 
as  an  inducement  for  the  deposit  of  any  public  moneys  with 

any  particular  bank,  person,  firm,  or  corporation. 

How.  427. 

(1202)  SEC.  6.     The  provisions  of  this  act  shall  apply  to  all  Provisions  of  ; 

f  *   J  this  act  to  ap- 

deputies  of  such  officer  or  officers,  and  to  all  clerks,  agents,  piy  to  deputies 
and  servants  of  such  officer  or  officers. 

How.  428. 

(1203)  SEC.  7.     Any  person  guilty  of  a  violation  of  any  of  Penalty  for 
the  provisions  of  this  act  shall,  on  conviction  thereof,  be  pun-  visio^of'thts 
ished  by  a  fine  not  exceeding  one  thousand  dollars,  or  impris-  act- 
onment  in  the  county  jail  not  exceeding  six  months,  or  both 

such  fine  and  imprisonment  in  the  discretion  of  the  court: 
Provided,  That  nothing  in  this  act  contained  shall  prevent  a  Proviso, 
prosecution  under  the  general   statute  for  embezzlement  in 
cases  where  the  facts  warrant  a  prosecution  under  such  gen- 
eral statute. 

How.  429. 

(1204)  SEC.  8.     Any  officer  who  shall  wilfully  or  corruptly  Penalty  for 
draw  or  issue  any  warrant,  order,  or  certificate  for  the  pay- 

ment  of  money  in  excess  of  the  amount  authorized  by  law,  or 


92  GENERAL  SCHOOL  LAWS. 

for  a  purpose  not  authorized  by  law,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  may  be  punished  as  provided  in  the 
preceding  section. 

How.  430. 


CHAPTER  143.—  REGULATIONS  RELATIVE  TO  DOGS  AND  SHEEP. 

(From  this  Chapter  we  quote  only  the  section  relating  to  the  apportion- 
ment of  the  surplus  DOG  TAX  to  school  districts.) 


SEC-  6-  At  the  annual  meeting  of  the  township 
board  in  each  year,  and  at  a  meeting  of  the  common  council 
of  each  city  in  April  of  each  year,  the  said  board  or  council,  as 
the  case  may  be,  shall  examine  all  certificates  of  damage  filed 
by  the  clerk,  as  aforesaid,  during  the  proceeding  [preceding] 
.  year,  and  if  satisfied  that  in  any  case  or  cases  the  certified 
damages  are  excessive,  they  may  reduce  the  same  to  such 
amount  as  they  may  consider  just,  and  may  order  the  payment 
of  all  such  loss  as  they  may  consider  just,  out  of  the  fund 
aforesaid,  if  it  be  sufficient  for  that  purpose,  and  if  not  suffi- 
cient they  may  order  a  proportionate  payment  of  each  claim. 

Apportionment  if  money  remains  of  such  fund,  after  satisfactory  payment  of 
all  claims  aforesaid  in  any  one  year,  over  and  above  the  sum 
of  one  hundred  dollars,  it  shall  be  apportioned  among  the 
several  school  districts  of  such  township  or  city  in  proportion 

Proviso.  to  the  number  of  children  therein  of  school  age:  Provided, 

That  no  payment  of  loss  shall  be  made  as  provided  for  in  this 
section  unless  the  party  applying  for  the  same  shall  make  it 
appear  to  the  satisfaction  of  the  township  board  or  common 
council  that  he  has  made  all  due  efforts  and  has  not  been  able 
to  obtain  satisfaction  therefor,  from  the  owner  or  owners  of 
the  dog  or  dogs  which  shall  have  done  the  damage. 

Am.  1881,  p.  396;  App.  June  11;  Eff.  Sept.  10;  Act  283.—  How.  2128. 

EXPLANATORY  NOTE  BY  SUPERINTENDENT  OF  PUBLIC  IN- 
STRUCTION: The  apportionment  must  be  based  upon  the  whole  number 
of  children  of  school  age  residing  in  the  township,  and  include  all  districts 
whether  lying  wholly  or  partly  in  such  township.  In  case  of  a  fractional 
district  in  which  the  schooihouse  is  situated  in  a  different  township,  the 
money  belonging  to  such  district  must  be  paid  over  to  the  treasurer  of  the 
township  in  which  the  schooihouse  is  situated,  and  by  that  treasurer  paid  to 
the  district  in  the  same  way  as  in  the  case  of  the  one-mill  and  other  taxes. 


CHAPTER  66.— THE    STATE    NORMAL  SCHOOLS. 

i88t>  D    An  Act  to  revise  and  consolidate  the  laws  relative  to   the   STATE 
286;  App.  June  BOARp  OF  EDUCATION. 

27 ;  eff.  Oct   2. 

(1812)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 

TO  be  a  body     That  f  or  the  purpose  of  rendering  more  efficient  their  organiza- 

corporate.         tion^  ^^  to  enakie  them  more  fully  to  carry  into  effect  the 

provisions  of  the  constitution  relative  thereto,  the  State  board 

of  education  shall  be  and  they  are  constituted  a  body  politic 

and  corporate,  and  are  hereby  empowered  to  purchase,  have, 

hold,  possess  and  enjoy  to  themselves  and  their  successors, 


GENERAL  SCHOOL  LAWS.  93 


all  the  lands,  tenements,  hereditaments,  goods,  chattels  and 
effects  of  every  kind  now  belonging  to  the  State  Normal  School  school,  etc 
or  that  may  hereafter  be  acquired  by  the  same;  and  the  same 
to  grant,  alien,  invest,  sell  and  dispose  of;  to  sue  and  [to]  be 
sued,  plead  and  be  impleaded,  in  all  the  courts  in  this  state; 
to  have  and  to  use  a  seal,  and  the  same  to  change,  alter  and 
renew  at  pleasure,  and  to  make  such  by-laws  and  regulations 
as  they  may  deem  proper  for  the  government  and  conduct  of 
said  [board]  and  for  the  transaction  of  its  business:  Pro- 
vided,  The  same  be  not  repugnant  to  the  constitution  or  laws 
of  this  state  or  of  the  United  States  :  Provided  further,  That 
said  corporation  shall  be  subject  to  the  provisions  of  chapter 
fifty-five  of  the  revised  statutes  of  eighteen  hundred  and  forty- 
six,  so  far  as  the  same  can  apply,  and  are  not  inconsistent  with 
the  provisions  of  this  act. 

How.  4976a.  Chapter  55  of  the  revised  statutes  of  1846  contains  the  "gen- 
eral provisions  relating  to  corporations"  and  will  be  found  in  Chapter  230. 
See  acts  138  and  178  of  1849,  establishing  a  state  normal  school. 

(1813)  SEC.  2.     Said  board  shall  have  power  to  transact  all  Power  of  board. 
necessary  business  at  any  meeting,  a  quorum  being  present. 

Said  board  shall  make  and  provide  such  by-laws  and  regula- 
tions for  the  conduct  of  its  business  as  it  shall  deem  proper. 
A  quorum  of  said  board  shall  consist  of  a  majority  of  its 
members.    All  processes  against  said  board  of  education  shall  Proce88es- 
be  served  on  the  president  or  secretary  thereof. 

How.  4976b. 

(1814)  SEC.  3.     The  State  board  of  education  shall  continue  of  the  normal 
the  Normal  School  at  Ypsilanti  in  the  county  of  Washtenaw,  schooL 
where  it  is  now  located.     The  purpose  of  the  Normal  School 

shall  be  the  instruction  of  persons  in  the  art  of  teaching,,  and 
in  all  the  various  branches  pertaining  to  the  public  schools 
of  the  State  of  Michigan:  Provided,  There  shall  be  prescribed  Proviso. 
for  said  school  a  course  of  study  intended  specially  to  prepare 
students  for  the  rural  and  the  elementary  [graded]  schools 
of  the  state,  which  shall  provide  not  less  than  twenty  weeks 
of  special  professional  instruction. 

How.  4976c. 

(1815)  SEC.  4.     No  member  of  said  board  of  education  shall,  S£!!J£?f  £ 
during  his  continuance  in  office,  act  as  the  agent  of  *any  pub-  p^ushe™,  etc. 
lisher  or  publishers  of  school  books  or  school  library  books, 

or  be  or  become  interested  in  the  publication  or  sale  of  any 
such  book  or  books  as  agent  or  otherwise. 

How.  4976d. 

(1816)  SEC.    5.     Said    board    shall    provide    all    necessary  courseofstudy 
courses  of  study  to  be  pursued  in  the  Normal  School  and  etc!niDg  8Ch001' 
establish    and    maintain    in    connection    therewith    a    fully 
equipped  training  school  as  a  school  of  observation  and  prac- 

tice, and  shall  grant  upon  the  completion  of  either  of  said 


94 


GENERAL  SCHOOL  LAWS. 


courses,  such  diploma  as  it  may  deem  best,  and  such  diploma 
when  granted  shall  carry  with  it  such  honors  as  the  extent 
of  the  course  for  which  the  diploma  is  given  may  warrant  and 
said  board  of  education  may  direct. 

How.  4976e. 


Certificate  to 
teach,  when 
granted,  term 
of,  etc. 


Proviso. 


(1817)  SEC.  6.  Upon  the  completion  of  the  course  specially 
prescribed  as  hereinbefore  provided  for  the  rural  and  element- 
ary graded  schools,  said  board  of  education  shall  upon  the 
recommendation  of  the  principal  and  a  majority  of  the  heads 
of  the  departments  of  said  school,  grant  a  certificate  which 
shall  be  signed  by  said  board  and  the  principal  of  the  Normal 
School,  which  certificate  shall  contain  a  list  of  the  studies 
included  in  said  course,  and  which  shall  entitle  the  holder  to 
teach  in  any  of  the  schools  of  the  State  for  which  said  course 
has  been  provided  for  a  period  of  five  years:  Provided,  That 
said  certificate  may  be  suspended  or  revoked  by  said  state 
board  of  education  upon  cause  shown  by  any  county  board 
of  examination,  or  by  any  board  of  school  officers. 

How.  4976f. 


Life  certifi- 
cates, when 
granted,  etc. 


(1818)  SEC.  7.  Upon  the  completion  of  either  of  the  ad- 
vanced courses  of  study  prescribed  by  said  State  board,  which 
shall  require  not  less  than  four  years  for  their  completion,  said 
board  of  education,  upon  the  recommendation  of  the  principal 
and  a  majority  of  the  heads  of  departments  of  said  school, 
shall  issue  a  certificate  to  the  person  completing  said  course, 
which  certificate  shall  be  referred  to  in  the  diploma  herein- 
before provided  to  be  granted.  Said  certificate  shall  set  forth 
a  list  of  the  studies  of  the  course  completed  and,  when  given, 
May  be  revoked,  shall  operate  as  a  life  certificate,  unless  revoked  by  said  State 
board  of  education. 


Admission  of 
pupils. 

Proviso. 


To  appoint 
visitors,  report 
of,  etc. 


How.  4976g. 

(1819)  SEC.  8.     The  board  of  education  shall  make  such  regu- 
lations for  the  admission  of  pupils  to  said  school  as  it  shall 
deem  necessary  and  proper:     Provided,  That  the  applicant 
shall,  before  admission,   sign  a  declaration   of  intention  to 
teach  in  the  schools  in  this  State. 

How.  4976h. 

• 

(1820)  SEC.  9.     Said  board  of  education  shall  appoint  each 
year  three  visitors  whose  duty  it  shall  be  to  examine  thor- 
oughly into  the  affairs  of  the  Normal  School  and  report  their 
views  with  regard  to  its  condition  and  any  other  matters  they 
may  judge  expedient,  to  the  said  board  of  education,  which 
report  shall  be  incorporated  in  the  report  of  the  Superintend- 
ent of  Public  Instruction'  and  in  the  report  of  said  board  of 
education  to  be  made  to  the  Legislature  as  hereinafter  pro- 
vided.    Said  visitors  shall  receive  two  dollars  per  day  for  time 
actually  spent  in  visitation  and  also  their  actual  traveling  ex- 


GENERAL    SCHOOL    LAWS.  95 

penses,  to  be  paid  out  of  the  funds  of  said  board:     Provided,  Proviso- 
That  not  more  than  two  visits  shall  be  made  by  any  board  of 
visitors. 

How.  49761. 

(1821)  SEC.  10.     Said  board  of  education  shall  make  to  the  Report  of  board 
Legislature,  at  every  regular  session  thereof,  a  report  setting  cc 

forth:  First,  The  work  done  by  the  school  since  the  last  re 
port;  Second,  The  [need]  needs  and  requirements  of  the  school; 
Third,  A  report  of  the  principal  of  the  school,  concerning  such 
matters  pertaining  to  the  school  as  have  been  under  his  imme- 
diate direction  and  control  and  such  recommendations  as  he 
may  deem  desirable  to  make  to  the  board;  And  fourth,  A 
financial  statement,  showing  in  detail  the'  moneys  received 
and  expended,  with  an  itemized  statement  of  receipts  and 
expenditures,  as  near  as  may  be. 

How.  4976J. 

(1822)  SEC.  11.     The  board  shall  elect  a  treasurer,  who  shall  Treasurer, 
furnish  bonds,  with  two  sureties,  in  the  penal  sum  of  not  less 

than  twenty  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  his  duties.  Such  treasurer  shall  receive  such 
compensation  as  to  the  board  may  seem  just. 

How.  4976k. 

(1823)  SEC.  12.     The  ten  sections  of  salt  spring  lands  located  Lands  appro- 
by  the  board  of  education  under  the  provisions  of  sections  S3S5?of,deto.°" 
fifteen  and  sixteen  of  "An  act  to  establish  a  state  normal 
school,"  approved  March  twenty-eight,  eighteen  hundred  and 
forty-nine,  together  with  the  fifteen  sections  of  said  salt  spring 

lands  located  under  the  provisions  of  section  sixteen  of  said 
act,  and  all  such  lands  as  may  be  granted  by  congress  or  re- 
ceived or  set  apart  in  any  manner  in  lieu  of  any  portion  of  said 
land,  to  which  the  title  may  prove  insufficient,  and  all  dona- 
tions, in  land  or  otherwise,  to  the  State  in  trust  or  to  the  board 
of  education  for  the  support  of  a  normal  school,  shall  consti- 
tute a  fund  to  be  called  the  Normal  School  endowment  fund, 
and  shall  be  reserved  from  sale  until  the  same  shall  be  ap- 
praised. The  minimum  price  of  said  lands  shall  be  four  dol-  Minimum price 
lars  per  acre,  and  it  shall  be  the  duty  of  the  officer  authorized  »PP»IB»I' et 
to  sell  said  lands,  to  cause  the  same  to  be  appraised  as  soon  as 
practicable,  in  the  manner  provided  for  the  appraisal  of  other 
lands;  none  of  said  lands  shall  be  sold  for  less  than  the  mini- 
mum price  fixed  'by  law.  It  shall  not  be  necessary  to  appraise 
any  of  said  lands  which  have  heretofore  been  appraised  under 
existing  provisions  of  law;  and  the  proceeds  of  sales  of  any 
of  said  lands  heretofore  appraised  and  sold  shall  constitute  a 
part  of  the  fund  herein  provided.  After  such  appraisal,  such 
land  shall  be  and  remain  subject  to  sale  at  the  State  land 
office  as  is  now,  or  shall  be  hereafter,  provided  by  law,  and 
the  principal  shall  be  and  remain  a  perpetual  fund  for  the 


96 


GENERAL    SCHOOL     LAWS. 


use  of  said  institution,  except  as  herein  provided.  The  install- 
ments of  principal  paid  by  the  purchasers  shall  be  paid  into  the 
State  treasury,  and  the  interest  thereon  from  the  time  of  its 
receipt,  or  from  the  time  of  the  preceding  computation  of  in- 
terest as  the  same  may  be,  shall  be  computed  by  the  Auditor 
General  and  the  State  Treasurer  at  the  close  of  each  fiscal 
year,  at  the  rate  of  six  per  cent  per  annum,  and  together  with 
all  interest  paid  by  purchasers  of  said  lands,  shall  be  passed 
to  the  credit  of  the  Normal  School  interest  fund. 


Board  to  have 
control  of 
funds,  etc. 


Proviso. 


Compensation 
of  board. 


Meetings  of 
state  board  of 
education  to 


certificates. 


Proviso. 


How.  49761. 

(1824)  SEC.  13.     The  Normal  School  interest  fund,  and  any 
moneys  which  may  be  from  time  to  time  appropriated  for  the 
purposes  of  the  said  Normal  School,  shall  be  under  the  direc- 
tion and  control  of  said  State  board  of  education,  subject  to 
the  provisions  herein  contained,  and  shall     be  paid  to  the 
treasurer  of  said  board  from  time  to  time  by  the  State  Treas- 
urer on  the  warrant  of  the  Auditor  General  drawn  upon  tne 
certificate  of  the  president  and  secretary  of  said  board  of 
education  that  said  money  is  needed.     No  such  warrant  shall 
be  given  except  on  accounts  audited  and  allowed  by  said  board, 
covering  as  [nearly]  near  as  may  be  the  amounts  previously 
furnished :     Provided,  That  said  board,  for  the  months  of  Jan- 
uary, February  and  March,  in  the  years  in  which  the  regular 
sessions  of  the  Legislature  are  held,  shall  draw  money  for  cur- 
rent expenses  as  provided  in  section  four  hundred  and  nine- 
teen of  Howell's  Annotated  Statutes. 

(1825)  SEC.  14.     The  members  of  the  State  board  of  educa- 
tion shall  receive  three  dollars  per  day  for  their  actual  services, 
and  also  their  necessary  traveling  and  other  expenses,  to  be 
paid  by  the  State  Treasurer  out  of  the  general  funds  in  the 
manner  already  provided  by  law  for  the  payment  of  the  ac- 
counts of  boards  of  state  institutions. 

How.  4976n. 

(1826)  SEC.  15.     Said  board  shall  hold  at  least  two  meetings 
each  year,  at  which  they  shall  examine  teachers,  and  shall 
grant  certificates  to  such  as  have  taught  in  the  schools  of  the 
State  at  least  two  years  and  who  shall,  upon  a  thorough  and 
critical  examination  in  every  study  required  for  such  certifi- 
cate, be  found  to  possess  eminent  scholarship,  ability,  and  good 
moral  character.     Such  certificate  shall  be  signed  by  the  mem- 
bers of  said  board,  and  be  impressed  with  its  seai  and  shall 
entitle  the  holder  to  teach  in  any  of  the  public  schools  of  this 
State  without  further  examination,  and  shall  be  valid  for  life 
unless  revoked  by  said  board.     No  certificate  shall  be  granted 
except  upon  the  examination  herein  prescribed:       Provided, 
That  the  said  State  board  of  education  may,  in  its  discretion 
endorse  State  teachers'  certificates  or  normal  school  diplomas 
granted  in  other  states,  if  it  be  shown  to  the  satisfaction  of 


GENERAL    SCHOOL     LAWS.  97 

such  board  that  the  examinations  required  or  courses  of  study 
pursued  are  fully  equal  to  the  requirements  of  this  State. 

How.  4976o.— Am.  1895,  p.  171;  App.  Apr.  16;  Eff.  Aug.  30;  Act  73. 

(1827)  SEC.  16.     The  said  board  shall  examine  all  text-books  certain  text 
in  physiology  and  hygiene  offered  for  use  in  the  public  schools  Suty  ofetb°okrd 
of  this  State,  and  approve  those  only  which  comply  with  the  relatins  thereto. 
law  relative  to  the  space  required  to  be  devoted  to  the  con- 
sideration of  the  nature  and  effects  of  alcoholic  drinks  and 
narcotics,  as  provided  in  act  one  hundred  and  sixty-four  of 

the  public  acts  of  eighteen  hundred  and  eighty-seven.  It  shall 
also  be  the  duty  of  said  board  to  distribute  to  the  various 
educational  institutions  of  the  State  such  specimens  of  copper, 
iron  and  other  ores  and  rocks  prescribed  for  such  distribution 
under  the  provisions  of  section  three  of  act  nine  of  the  public 
acts  of  eighteen  hundred  and  seventy-seven,  being  compiler's 
section  eight  hundred  and  forty-one  of  Howell's  Annotated 
Statutes. 

How.  4976p.  The  act  of  1887  referred  to  is  act  165  instead  of  164.  It  amends 
Sec.  15,  ch.  3,  of  the  general  laws  of  1881  relative  to  public  Instruction  and 
will  be  found  in  Section  4680.  Sec.  841  of  Howell's  annotated  statutes  is  Sec- 
tion 4632. 

(1828)  SEC.  17.     All  insurance  moneys  or  means  collected,  Disposition  of 
received  or  made  available  at  any  time,  from  policies  of  insur-  Soueys,Cetc. 
ance,  or  by  reason  of  insurance  policies  upon  the  said  normal 

school  buildings  and  property  shall  be  and  the  same  are  hereby 
designated  and  set  apart  as  a  fund  or  means  for  rebuilding  and 
refurnishing  the  said  buildings. 

How.  4976q.  Sec.  18  repeals  ch.  193  of  Howell's  annotated  statutes  (C.  L. 
'57,  2208-31;  C.  L.  '71,  3508,  '31;  How.  4946-76),  and  section  5149  of  Howell's 
statutes,  "and  all  acts  or  parts  of  acts  contravening  the  provisions  of  this 
act."  How.  4976r. 


An  Act  to  establish  a  NORMAL  SCHOOL  IN  CENTRAL  MICHIGAN.  Act26i,  1895, 

p,560;napp. 

(1829)  SECTION  1.     The  People  of  the  State  of  Michigan  enact, 
That  a  Normal  School  for  the  preparation  and  training  of  per- 
sons for  teaching  in  the  rural  district  schools,  and  the  primary 
departments  of  the  graded  schools  of  the  State,  to  be  known 

as  "Central  Michigan  Normal  School,"  be  established  and  con-  c*;t™1rijjt;fli' 
tinued  at  the    City  of  Mount  Pleasant,  in  Isabella  county,  to  fchoo\°eSab- 
be  located  upon  block  ten  of  the  normal  school  addition  to  u 
said  city,  known  as  "Normal  campus,"  and  being  a  block  of 
land  in  area  between  eight  and  ten  acres. 

(1830)  SEC.  2.     The  State  board  of  education  is  hereby  an-  state  board  of 

, ,   v    .        i  ,      i        -,   education  to 

thonzed  and  directed  to  procure  a  good  and  sufficient  deed  procure  deed  of 
of  conveyance,  to  be  accompanied  with  abstract  of  title  and  c< 
tax  history,  to  be  approved  by  the  Attorney  General,  conveying 
to  the  said  board  of  education  and  its  succesors  a  good  and 
unincumbered  title  in  fee  simple  to  said  lands  and  buildings 
thereon,  for  such  school,  and  a  proper  article  of  sale  of  all  the 
library,  school  furniture  and  apparatus  therein,  said  lands  and 
13 


98 


GENERAL  SCHOOL  LAWS. 


buildings  and  personal  property  to  be  donated  to  the  State  of 
Michigan,  in  consideration  of  the  establishment  of  said  school, 
and  to  be  conveyed  within  thirty  days  after  the  passage  of  this 
act. 

(1831)  SEC.  3.  Said  school  shall  be  under  and  subject  to  the 
control  of  the  State  board  of  education,  according  to  the  provi- 
gi(mg of  ftct  No  194  of  the  public  acts  of  1889>  of  Michigan, 

entitled  "An  act  to  revise  and  consolidate  the  laws  relative 
to  the  State  board  of  education,  and  amendments  thereto," 
which  is  made  applicable  to  this  school,  except  as  herein 
otherwise  provided. 

The  act  referred  to  immediately'  precedes  this. 


of  state  board 
sion. 


29 


Uniformity  and 
reciprocity  in 
studies  to  be 
maintained  in 
normal  schools. 


Act  175, 1897,  p.  An  Act  to   fix   the    RELATIONS    OF    THE    EXISTING     NORMAL 
-3;  app  May  SCHOOLS  of  the  State. 

;  eff.  Aug.  30. 

(1832)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, 
That  the  State  Board  of  Education  shall  maintain  substantial 
uniformity  and  reciprocity  in  the  courses  of  study  of  the  Cen- 
tral Michigan  Normal  School  and  with  any  related  courses 
which  may  be  offered  at  the  State  Normal  School  at  Ypsilanti ; 
so  that  transfer  of  students  from  one  school  to  another  shall 
not  lead  to  loss  of  standing  for  similar  courses;  and  shall, 
upon  the  completion  of  the  course  by  any  student  in  the  Cen- 
tral Michigan  Normal  School,  and  upon  recommendation  of 
the  principal  and  a  majority  of  the  faculty  thereof,  grant  the 
following  certificate  only,  which  shall  be  signed  by  said  board 
and  faculty,  or  such  members  thereof  as  the  board  may  direct; 
which  certificates  shall  contain  a  list  of  studies  included  in 
said  courses,  and  which  shall  entitle  the  holder  to  teach  in 
any  of  the  schools  of  the  State  for  which  said  courses  have 
been  provided,  as  follows: 

First,  Upon  the  completion  of  a  course  of  study  contain- 
ing the  branches  of  instruction  required  by  law  for  a  third 
grade  county  certificate,  and  such  work  in  science  and  art  of 
teaching  as  said  board  of  education  may  require,  the  board 
shall  issue  a  certificate,  valid  for  two  years,  authorizing  the 
holder  to  teach  in  any  district  school  of  this  State  employing 
not  more  than  one  teacher:  Provided,  That  said  two  years' 
certificates  may  be  once  renewed  for  a  like  period  upon  satisfac- 
tory evidence  to  the  granting  power  of  successful  experience 
in  teaching. 

Second,  Upon  the  completion  of  a  course  of  instruction 
containing  the  branches  of  instruction  required  for  a  first 
grade  county  certificate,  and  such  additional  work  in  the 
science  and  art  of  teaching  as  said  board  of  education  may 
require,  said  board  shall  grant  a  certificate,  valid  throughout 
the  State  for  a  period  of  three  years:  Provided,  That  said 
three  [year]  years'  certificate  may  be  once  renewed  for  a  like 
period,  upon  satisfactory  evidence  to  the  granting  power,  of 
successful  experience  in  teaching. 


What  certifi- 
cate to  be 
granted 
teachers. 

Certificate  to 
entitle  holder 
to  what. 


Certificates 
for  two  years  to 
issue,  when. 


Renewal. 


Certificates 
for  three  years 
to  issue,  when. 


Renewal. 


GENERAL  SCHOOL  LAWS.  99 


(1833)  SEC.  2.     The  State  board  of  education  may,  through 
the  State  Normal  School  at  Ypsilanti,  grant  similar  certificates  continue  the 
for  elementary  graded  and  rural  schools  as  in  their  judgment  £Sfi?ate"tai: 
shall  seem  wise,  and  shall  through  the  same  institution  con- 
tinue to  grant  certificates  good  for  five  years  life  certificates, 
•diplomas  and  degrees,  as  are  now  provided  by  statute  and  cus- 
tom; and  in  recognition  of  the  work  now  being  done  under 
existing  laws,  in  those  life  certificates  and  degree  courses  in 
the  State  Normal  School  at  Ypsilanti,  the  State  Board  of  Edu- 
cation  is  empowered  to  designate  that  school  in  the  courses  nated  as  Btate 
leading  to  such  certificate  and  degree  by  the  name,  the  Mich-  ' 

igan  State  Normal  College. 

Sec.  3  repeals  "all  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
this." 


LAWS    ENACTED    BY    LEGISLA- 
TURE OF  1899. 


Change  of 
name  of  normal 
school  at 
Ypsilanti. 


Purpose. 


Selection  of 
site. 


Area  and 
location. 


Deed  or  con- 
veyance. 


[Act  No.  52,  1899.] 

An  Act  to  change  the  name  of  the  "Michigan  State  Normal  School"  to 
"MICHIGAN  STATE  NORMAL  COLLEGE." 

The  People  of  the  State  of  Michigan  enact: 

SECTION  1.  The  institution  now  known  and  designated  un- 
der the  name  and  style  of  ''Michigan  State  Normal  School'* 
shall  hereafter  be  known  as  the  "Michigan  State  Normal 
College." 

SEC.  2.  All  acts  and  parts  of  acts  contravening  the  provi- 
sions of  this  section  are  hereby  repealed. 

[Act  No.  51,  1899.] 

An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a 
NORMAL  SCHOOL  AT  MARQUETTE,  in  the  upper  peninsula 
of  this  State,  and  to  make  an  appropriation  for  the  same. 

The  People  of  the  State  of  Michigan  enact: 

SECTION  1.  That  a  normal  school  shall  be  located  at  Mar- 
quette,  to  be  known  as  the  Northern  State  Normal  School, 
for  the  purpose  of  instructing  persons  in  the  several  branches 
pertaining  to  a  public  school  education,  and  in  the  science 
and  the  art  of  teaching  the  same. 

SEC.  2.  The  State  Board  of  Education  is  hereby  authorized 
to  procure  a  suitable  site  for  the  grounds  and  buildings  for 
said  normal  school,  which  site  shall  consist  of  at  least  twenty 
acres  of  land,  located  within  one  and  one-half  miles  of  the 
present  location  of  the  postoffice  in  said  city  of  Marquette. 
Said  State  Board  of  Education  shall  pay  for  such  site  a  sum 
not  exceeding  one  dollar,  which  sum  is  hereby  appropriated 
for  the  use  of  said  State  Board  of  Education  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated,  to  be  drawn  on 
the  requisition  of  said  State  Board  of  Education  and  the  war- 
rant of  the  Auditor  General,  as  the  moneys  and  appropriations 
are  drawn.  Said  State  Board  of  Education  shall  procure 
good  and  sufficient  deed  or  conveyance  of  .such  site  and 
grounds,  and  have  the  title  for  the  same  duly  recorded.  When 


GENERAL    SCHOOL    LAWS.  101 

so  recorded,  the  said  deed  of  conveyance,  with  an  abstract  of 
title  showing  a  clear  and  unincumbered  title,  and  all  papers 
relating  thereto  shall  be  deposited  in  the  office  of  the  Auditor 
General. 

SEC.  3.  The  sum  of  twenty-five  thousand  dollars  is  hereby 
appropriated  for  the  erection  of  a  suitable  building  for  the 
use  of  said  State  Board  of  Education  in  the  establishment  of 
a  normal  school  under  the  provisions  of  this  act,  which  build- 
ing shall  be  erected  in  accordance  with  the  suggestions  and 
requirements  of  the  State  Board  of  Corrections  and  Charities, 
and  shall  be  ready  for  occupancy  October  one,  eighteen  hun- 
dren  ninety-nine. 

SEC.  4.  The  sum  of  ten  thousand  dollars  is  hereby  appro- 
priated  for  the  payment  of  the  salaries  and  conduct  of  said  1899-1900. 
normal  school  for  the  year  eighteen  hundred  ninety-nine  and 
nineteen  hundred,  namely:  two  thousand  five  hundred  dollars 
for  the  year  eighteen  hundred  and  ninety-nine,  and  seven 
thousand  five  hundred  dollars  for  the  year  nineteen  hundred, 
which  amounts,  together  with  amount  specified  in  section 
three  of  this  act,  shall  be  expended  under  the  direction  of  the 
State  Board  of  Education  and  be  drawn  on  their  order  from 
the  general  fund :  Provided,  That  this  appropriation  shall  not  Provis€ 
be  available  unless  five  thousand  dollars  of  the  amount  volun- 
teered as  a  gift  from  the  citizens  of  Marquette  toward  the 
site  and  beautifying  the  grounds  be  donated  for  the  equipment 
of  the  school. 

SEC.  5.  The  Auditor  General  shall  add  to  and  incorporate 
with  the  State  tax  for  the  year  eighteen  hundred  and  ninety- 
nine  the  sum  of  twenty-seven  thousand  five  hundred  dollars, 
and  for  the  year  nineteen  hundred  the  sum  of  seven  thousand 
five  hundred  dollars,  to  be  assessed,  levied  and  collected  as 
other  State  taxes  are  assessed,  levied  and  collected,  which 
sum,  when  collected,  shall  be  placed  to  the  credit  of  the  gen- 
eral fund  to  reimburse  it  for  the  sum  appropriated  by  sections 
three  and  four  of  this  act. 

SEC.  6.  The  said  Northern  State  Normal  School  shall  be 
under  and  subject  to  the  control  of  the  State  Board  of  Educa- 
tion, according  to  the  provisions  of  act  number  one  hundred 
ninety-four  of  the  public  acts  of  eighteen  hundred  and  eighty- 
iiine,  entitled  "An  act  to  revise  and  consolidate  the  laws 
relative  to  the  State  Board  of  Education,  and  amendments 
thereto,  also  according  to  the  provisions  of  act  number  one 
hundred  and  seventy-five  of  the  public  acts  of  eighteen  hun- 
dred and  ninety-seven,  entitled  "An  act  to  fix  the  relation  of 
the  existing  normal  schools  of  the  State, "  which  laws  are  made 
applicable  to  the  school,  except  as  herein  otherwise  provided. 


102 


GENERAL  SCHOOL  LAWS. 


Number  that 
may  incor- 
porate. 


Manner  of 
incorporation. 


Articles  of 
association. 


General 
management. 


Classification 
of  trustees. 


[Act  No.  250,  1899.] 

An  Act  to  provide  for  the  incorporation  of  associations  for  the  purpose 
of  establishing  LOAN-FUNDS  for  the  benefit  of  school  scholars  and 
students  of  this  State,  to  assist  them  to  attend  the  University  of  Mich- 
igan, the  State  Normal  College  at  Ypsilanti,  the  Central  Michigan  Nor- 
mal School  at  Mt.  Pleasant,  the  Michigan  State  Agricultural  College 
at  Lansing,  the  College  of  Mines  at  Houghton,  or  the  Manual  Training 
Schools  of  this  State. 

The  People  of  the  State  of  Michigan  enact: 

SECTION  1.  Any  five  or  more  persons  of  full  age  residing 
in  the  State  of  Michigan  may  associate  and  incorporate  them- 
selves together  for  the  purpose  of  establishing  loan-funds  for 
the  benefit  of  school  scholars  and  students  of  this  State,  to 
assist  them  to  attend  the  University  of  Michigan,  the  State 
Normal  College  at  Ypsilanti,  the  Central  Michigan  Normal 
School  at  Mt.  Pleasant,  the  Michigan  State  Agricultural  Col- 
lege at  Lansing,  the  Michigan  College  of  Mines,  or  the  Manual 
Training  Schools  of  this  State. 

SEC.  2.  Articles  of  association  shall  be  executed  in  dupli- 
cate, by  the  persons  so  associating  themselves  together  in  the 
first  instance,  and  shall  be  acknowledged  by  them  before  some 
person  authorized  by  the  laws  of  this  State  to  take  acknowl- 
edgments of  deeds,  one  of  which  duplicates  shall  be  filed  and 
recorded  in  the  office  of  the  Secretary  of  State,  and  a  record 
shall  be  made  of  such  articles,  and  a  certified  copy  thereof 
filed  in  the  clerk's  office  in  the  county  where  such  society  is 
formed.  Thereupon  the  persons  so  executing  said  articles, 
and  such  other  persons  as  may  thereafter,  according  to  the 
provisions  of  such  articles,  become  associated  with  them  shall 
become  and  be  a  body  politic  and  corporate,  capable  of  being 
sued,  for  the  purpose  set  forth  in  such  articles. 

SEC.  3.     The  articles  of  association  shall  contain: 

First,  The  names  and  places  of  residence  of  the  persons 
associated  in  the  first  instance; 

Second,  The  name  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
not  exceeding  thirty  years; 

Third,    The  objects  for  which  it  was  organized; 

Fourth,  The  number  of  its  trustees  or  managers  to  manage 
the  same,  and  the  names  of  such  trustees  or  managers  for  the 
first  year  of  its  existence. 

SEC.  4.  The  affairs  of  such  corporation  shall  be  under  the 
general-  management  of  not  less  than  five  nor  more  than  fif- 
teen trustees,  to  be  chosen  by  the  members  thereof,  and  to 
hold  office  for  such  time,  not  exceeding  five  years,  as  shall  be 
provided  by  the  articles  of  association;  and  the  articles  of 
association  may  provide  for  a  classification  of  the  trustees  so 
that  the  terms  of  office  of  the  several  classes  shall  expire  at 
different  times,  and  for  a  classification  of  the  members  in 


GENERAL    SCHOOL    LAWS.  103 

accordance  with  their  subscriptions  to  the  objects  for  which 
the  corporation  was  organized.  The  regular  officers  of  such 
corporation  shall  form  a  part  of  such  trustees.  The  officers 
may  be  chosen  by  the  trustees  or  the  members  of  the  corpora- 
tion, as  the  articles  shall  prescribe.  The  by-laws  shall  be  By-lftws- 
adopted  by  the  trustees,  who  may  change  them  at  pleasure. 
The  majority  of  the  trustees  shall  be  a  quorum  to  transact 
business.  The  articles  of  association  of  any  such  corporation 
may  be  amended  at  any  time  by  a  two-thirds  vote  of  the  A 
trustees.  Before  any  such  amendment  shall  take  effect,  a 
copy  of  the  resolution,  certified  by  the  secretary,  shall  be  filed 
in  the  office  of  the  Secretary  of  State,  and  in  the  clerk's  office 
of  the  county  in  which  the  original  articles  are  filed. 

SEC.  5.  All  the  funds  received  by  any  corporation  organized  Jjrat'o?.  c°r' 
under  this  act  shall  be  used  after  paying  necessary  expenses, 
for  the  exclusive  purpose  or  purposes  set  forth  in  the  articles 
of  association.  And  no  portion  of  the  funds  of  such  corpora- 
tion shall  be  used  or  contributed  toward  the  erection,  comple- 
tion or  furnishing  of  any  building  not  owned  or  used  by  such 
corporation  for  the  purpose  or  purposes  set  forth  in  its  articles 
of  association.  Such  corporation  shall  in  equity  and  law  be 
capable  of  taking  and  receiving  real  and  personal  estate,  reafandeper 
either  by  purchase,  gift,  grant,  lease,  or  bargain  and  sale,  sonal  estate, 
devise  and  bequest,  not  exceeding  twenty-five  thousand  dol- 
lars, in  the  aggregate,  for  the  purpose  of  its  incorporation, 
but  for  no  other  purpose,  and  it  shall  have  power  to  invest  the 
same  at  pleasure,  and  to  grant,  bargain,  mortgage,  sell  or  lease 
the  same  for  the  use  of  said  association;  and  it  shall  be  lawful 
to  invest  the  same  upon  mortgage,  or  in  or  by  loans  on  notes 
or  bonds,  or  municipal,  county,  State  or  United  States  securi- 
ties; or  deposit  the  same  in  any  reliable  bank  on  interest;  but 
no  loans  shall  be  made  to  any  trustee  or  officer  of  such  cor- 
poration: Provided,  That  any  such  corporation  may,  in  its 
articles  of  association,  specify  the  kinds  of  securities  in  which  ]^Jssp0efclfy 
its  funds  shall  be  invested,  and  that  no  part  of  its  funds  shall  securities, 
be  invested  in  any  securities  other  than  those  named  in  its 
articles,  or  when  the  securities  shall  not  be  specified  in  the 
articles  of  association,  then  such  funds  shall  only  be  invested 
in  such  securities  as  are  specified  in  this  act.  Such  corpora- 
tion shall  have  the  power  to  make  all  needful  rules  and  regu- 
lations and  by-laws  for  the  management  of  its  affairs,  not 
inconsistent  with  the  constitution  and  laws  of  this  State  or  of 
the  United  States. 

SEC.  6.     In  case  it  shall  at  any  time  happen  that  an  election  Election  of 
of  officers,  directors  or  trustees  shall  not  be  made  on  the  day  officer8- 
designated  by  the  articles  of  association  and  by-laws,  said 
corporation  for  that  cause  shall  not  be  dissolved,  but  it  shall 
and  may  be  lawful  on  any  other  day  to  hold  an  election  of 
officers,  directors  or  trustees,  in  such  manner  as  may  be  di- 
rected by  the  articles  of  association  and  by-laws  of  said  corpo- 
ration. 

SEC.  7.     The  articles  of  association  filed  as  required  by  this 


104 


GENERAL     SCHOOL     LAWS. 


act,  or  a  copy  thereof  certified  by  the  officer  with  whom  they 
are  so  filed>  ma7  be  given  in  evidence  in  any  court  of  this 
State  for  or  against  said  corporation.  Said  corporation  shall 
possess  the  general  power  conferred  by  and  subject  to  the 
provisions  and  restrictions  of  chapter  two  hundred  thirty  of 
the  Compiled  Laws  of  the  State  of  Michigan  of  eighteen  nun-, 
dred  ninety-seven,  so  far  as  the  same  may  be  applicable  to 
corporations  formed  under  this  act. 


[Act  No.  115,  1899.] 

An  Act  to  create  a  STATE  BOARD  OF  LIBRARY  COMMISSIONERS 
to  Promote  the  Establishment  and  Efficiency  of  free  public  librarys, 
and  to  provide  an  Appropriation  therefor. 

The  People  of  the  State  of  Michigan  enact: 


Personnel  of 
•commission. 


Filling  of 
•vacancies. 


Duties  of 

•com  mission. 


Reoorts  to 
•commission. 


-Salary  of 
secretary. 


Expenses  of 
"commission. 


SECTION  1.  The  Governor,  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  four  persons,  residents  of  this  State, 
who,  together  with  the  State  Librarian,  who  shall  be  a  mem- 
ber ex  officio,  shall  constitute  a  board  of  library  commissioners. 
Two  members  of  said  board  shall  be  appointed  for  a  term  of 
four  years  and  two  for  a  term  of  two  years,  and  thereafter 
the  term  of  office  shall  be  four  years.  All  vacancies  occur- 
ring in  the  appointive  membership  of  said  board,  whether  by 
expiration  of  term  of  office  or  otherwise,  shall  be  filled  by 
the  Governor,  with  the  advice  and  consent  of  the  Senate. 

SEC.  2.  It  shall  be  the  duty  of  the  library  commission  to 
give  advice  and  counsel  to  all  free  libraries  in  the  State,  and  to 
all  communities  which  may  propose  to  establish  them,  as  to 
the  best  means  of  establishing  and  administering  such  li- 
braries, the  selection  of  books,  cataloguing,  and  all  other  de- 
tails of  library  management.  In  January  of  each  year  the 
board  shall  make  a  report  to  the  Governor  of  its  doings,  of 
which  report  one  thousand  copies  shall  be  printed  by  the 
State  printer  for  the  use  of  the  board. 

SEC.  3.  It  shall  be  the  duty  of  all  free  libraries  organized 
under  the  laws  of  the  State,  whether  general  or  special,  to 
make  an  annual  report  to  the  board  of  library  commissioners, 
which  report  shall  conform  as  near  as  may  be  reasonable  and 
convenient,  as  to  time  and  form  such  rules  as  the  board  may 
prescribe. 

SEC.  4.  No  member  of  the  Board  of  Library  Commissioners 
shall  receive  any  compensation  for  his  services,  except  that 
the  board  may  appoint  one  of  their  number  to  act  as  secretary, 
and  such  secretary  may  receive  such  sum  as  shall  be  agreed 
upon  by  the  board,  not  exceeding  three  hundred  dollars  an- 
nually, for  clerical  services.  The  board  shall  be  entitled  to 
expend  a  sum  not  to  exceed  five  hundred  dollars  in  any  one 
year  for  supplies  and  incidentals  and  for  the  actual  and  neces- 
sary expenses  of  its  members  in  the  discharge  of  their  duties. 


GENERAL    SCHOOL    LAWS.  105 

The  accounts  of  the  board  shall  be  audited  by  the  State  Board 
of  Auditors,  and  paid  out  of  the  general  fund. 

SEC.  5.  The  Auditor  General  shall  add  to  and  incorporate  J^n?8100  for 
with  the  State  tax  for  the  year  eighteen  hundred  and  ninety- 
nine,  and  every  year  thereafter,  the  sum  of  eight  hundred 
dollars,  to  be  assessed,  levied  and  collected  as  other  State 
taxes  are  assessed,  levied  and  collected,  which  sum  when  col- 
lected shall  be  placed  to  the  credit  of  the  general  fund  to 
reimburse  it  for  the  sums  authorized  to  be  expended  under  this 
act. 


.     [Act  No.  176,  1899.] 

An  Act  Authorizing  School  District  Boards,  Boards  of  Trustees  of 
Graded  Schools  and  Boards  of  Education  in  Cities  to  establish  and 
maintain  DAY  SCHOOLS  FOR  THE  DEAF,  and  authorizing  pay- 
ment therefor  from  the  general  fund. 

The  People  of  the  State  of  Michigan  enact: 

SECTION  1.  That  upon  application  by  a  school  district 
board,  board  of  trustees  of  a  graded  school,  or  board  of  educa- 
tion  of  any  city,  of  this  State,  to  the  Superintendent  of  Public 
Instruction,  he  shall  grant  permission  to  such  board  to  estab- 
lish and  maintain,  and  such  board  shall  thereupon  be  em- 
powered to  maintain  within  the  limits  of  its  jurisdiction  one 
or  more  day  schools,  having  an  average  attendance  of  not 
less  than  three  pupils,  for  the  instruction  of  deaf  persons  over 
the  age  of  three  years,  whose  parents,  or  guardians  in  the 
case  of  orphans,  are  residents  of  the  State  of  Michigan. 

SEC.  2.     Any  board  which  shall  maintain  one  or  more  day  J^Ju*0  supt> 
schools  for  the  instruction  of  the  deaf  shall  report  to  the  super-  instruction. 
intendent  of  public  instruction  annually,  and  at  such  other 
times  as  he  may  direct,  such  facts  concerning  the  school  or 
schools  as  he  may  require. 

SEC.  3.     The  State  Treasurer  is  hereby  authorized  and  di-  Payment  of 
rected  to  apportion  and  pay  out  of  the  "general  fund"  an-  treasure?*1 
nually  to  the  treasurer  of  any  board  maintaining  a  school  or 
schools,  which  shall  be  established  in  accordance  with  this 
act,  the  sum  of  one  hundred  and  fifty  dollars  for  each  deaf 
pupil  instructed  in  any  such  school  for  nine  months  during 
the  school  year,  and  a  part  of  such  sum  proportionate  to  the 
time  of  instruction  of  any  such  pupil  so  instructed  less  than 
nine  months  during  each  year. 

SEC.  4.     The  money  received  from  the  State  Treasurer,  as  Handling  of 
provided  in  section  three  of  this  act,  shall  be  kept  separate  fu 
and  distinct  from  all  other  funds  by  the  treasurer  of  the  board 
receiving  it,  and  shall  be  known  as  "the  fund  for  the  support  Name  of  fund, 
of  schools  for  the  deaf,"  and  shall  be  paid  out  for  no  other 
purpose  than  for  the  payment  of  salaries  of  teachers  of  schools 
for  the  deaf,  as  herein  provided,  and  for  school  appliances, 
and  all  sums  not  expended  under  this  act  shall  be  returned  to 
14 


106 


GENERAL    SCHOOL    LAWS. 


the  State  Treasurer  and  credited  to  the  primary  school  interest 
fund. 

^EC*  ^'  ^^  teachers  in  such  schools  shall  be  appointed 
and  employed  as  other  public  school  teachers  are  appointed 
and  employed.  All  persons  appointed  to  teach  in  any  such 
school  shall  have  had  special  training  for  teaching,  and  shall 
also  have  had  special  training  in  the  teaching  of  the  deaf, 
including  at  least  one  year's  experience  as  a  teacher  in  a  school 

system  taught,  for  the  deaf.  The  so-called  "oral"  system  shall  be  taught  by 
such  teachers,  and  if  after  a  fair  trial  of  nine  months,  any  of 
such  children  shall  for  any  reason  be  unable  to  learn  such 
oral  method,  then  no  further  expense  shall  be  incurred  in  the 
effort  to  teach  such  child  so  unable  to  learn  such  oral  method 
in  such  primary  schools. 

Persons  coming  SEC.  6.  For  the  purpose  of  this  act,  any  person  of  sound 
mind,  who,  by  reason  of  defective  hearing,  cannot  profitably 
be  educated  in  the  public  schools,  as  other  children  are.  shall 
be  considered  deaf. 


Annual  report 
of  superinten- 
dent of  public 
instruction. 


To  whom  dis- 
tributed. 


Number  of 
pages. 


[Act  No.  44,  1899.] 

An  Act  to  provide  for  the  publication  and  distribution  of  Laws  and 
Documents,  Reports  of  the  several  Officers,  Boards  of  Officers  and 
Public  Institutions  of  this  State  now  or  hereafter  to  be  published,  and 
to  provide  for  the  replacing  of  books  lost  by  fire  or  otnerwise,  and 
to  provide  for  the  publication  and  distribution  of  the  Official  Directory 
and  Legislative  Manual  of  the  State  of  Michigan,  etc. 

(From  this  act  only  such  portions  are  quoted  as  relate  directly  to  the  pub- 
lic school  system.) 

SECTION  11.  There  shall  be  printed  of  the  annual  report  of 
the  Superintendent  of  Public  Instruction  a  sufficient  number 
to  supply  all  school  libraries  in  the  State  with  one  copy  each, 
which  copy  shall  be  bound  in  the  same  style  as  provided  by 
this  act  for  binding  State  publications  for  library  distribution ; 
also  one  copy  each  to  the  following  persons  or  institutions: 
To  each  Superintendent  of  Public  Instruction,  State  University 
and  State  Normal  School  in  the  United  States,  each  living  ex- 
superintendent  and  deputy  superintendent  of  public  instruc- 
tion in  this  State,  each  member  of  county  boards  of  exam- 
iners; each  city  superintendent  of  schools;  two  hundred  copies 
for  deposit  with  the  Secretary  of  State  for  future  distribution, 
and  such  number  of  additional  copies  as  the  Superintendent  of 
Public  Instruction  may,  in  his  discretion,  deem  necessary,  not 
exceeding  three  hundred  copies.  Said  report  shall  not  exceed 
three  hundred  pages,  including  context  and  index,  such  pages 
to  be  the  size  of  the  pages  of  the  report  of  the  Superintendent 
of  Public  Instruction  for  the  year  eighteen  hundred  ninety- 
five.  Not  to  exceed  the  sum  of  fifty  dollars  for  any  one  report 
shall  be  expended  for  cuts  or  illustrations  for  said  report: 
Provided,  That  said  fifty  dollars  shall  cover  the  cost  for  special 
paper,  if  necessary  for  such  cuts,  and  also  the  cost  of  making 
such  cuts. 


GENERAL    SCHOOL    LAWS.  107 


Scetion   thirty  provides  for  the  distribution   of  the  Legis- 
lative  Manual  (Red  Book),  and   the  list  includes  one  copy  manual. 
for  each  of  the  following:     Each  district,  graded,  and  city 
school;  each  library  other  than  school  library;  each  township, 
village,  and  city  clerk,  and  the  county  commissioner  of  schools. 

SEC.  32.  It  shall  be  the  duty  of  the  county  commissioners 
of  schools  to  distribute  all  copies  of  the  "Official  Directory  and 
Legislative  Manual"  to  the  schools  in  their  respective  counties, 
as  provided  in  section  thirty  of  this  act;  and  also  to  see  that 
the  same  are  kept  for  the  use  of  said  schools,  and  it  shall  be 
the  duty  of  the  Secretary  of  State  to  direct  and  oversee  the 
prompt  distribution  of  the  laws,  journals,  documents  and  re- 
ports mentioned  in  this  act,  whose  distribution  is  not  other- 
wise provided  for;  and  said  laws,  journals,  documents,  and 
reports  shall  be  shipped  to  the  several  county  clerks  and  county 
commissioners  of  schools  in  the  State  and  be  distributed  by 
them  to  the  persons,  officers,  corporations  and  societies  within 
their  respective  counties  entitled  to  the  same,  and  that,  until 
so  distributed,  they  shall  be  carefully  preserved  by  said  county 
clerks  and  county  commissioners  of  schools.  That  the  ac- 
counts for  boxes  furnished  to  the  Secretary  of  State  for  pack- 
age and  distribution  shall  be  audited  and  allowed  by  the  Di 
Board  of  State  Auditors  and  paid  out  of  the  State  treasury, 
and  the  expense  of  transportation  from  the  office  of  the  Secre- 
tary of  State  to  the  county  clerks  and  county  commissioners 
of  schools,  and  of  distribution  by  them  to  the  persons  entitled 
to  the  same,  shall  be  audited  and  allowed  by  the  boards  of 
supervisors  and  paid  out  of  the  county  treasuries. 

SEC.  33.  It  shall  be  the  duty  of  the  several  county  clerks  Receipt  to 
and  county  commissioners  of  schools,  upon  receiving  any  of  Jtate.*"101 
the  books  mentioned  in  this  act,  to  receipt  to  the  Secretary 
of  State  for  the  same,  which  receipt  shall  be  filed  and  preserved 
in  the  office  of  the  Secretary  of  State;  and  it  shall  also  be 
the  duty  of  the  said  county  clerks  and  county  commissioners 
of  schools  to  distribute  said  books  as  provided  in  this  act, 
and  to  report  at  the  expiration  of  a  month  after  each  reception 
of  books  to  fhe  Secretary  of  State,  on  blanks  furnished  by 
him,  by  giving  a  full  statement  of  all  of  said  books  remaining 
in  his  office,  together  with  the  names  of  the  officers  neglecting 
to  call  for  the  books  to  which  they  are  entitled;  and  it  shall  be 
the  duty  of  all  persons,  officers,  corporations  and  societies, 
upon  receiving  any  of  the  books  mentioned  in  this  act,  to 
receipt  respectively  to  the  county  clerk  and  county  commis- 
sioner of  schools  for  the  same,  which  receipt  shall  be  filed  and 
preserved  in  the  office  of  the  county  clerk  and  county  commis- 
sioner of  schools  respectively.  It  shall  also  be  the  duty  of 
the  Secretarv  of  State  to  notifv  each  person  to  whom  any  Notification  by 

i_i  T  •    e     /*.  .,i-i.»  .      secretary  of 

books  are  sent,  except  township  officers,  either  directly  or  in  state. 
care  of  the  county  clerk,  which  are  required  by  this  act  to  be 
kept  in  any  library  or  passed  over  to  any  successor  in  office, 
and  that  each  person  receiving  such  notice  shall,  within  a 
reasonable  time,  apply  to  the  county  clerk  for  the  books  men- 


108  GENERAL    SCHOOL    LAWS. 

_     _      _  .  •,, 

tioned  in  this  notice,  if  such  books  were  sent  to  the  county 
clerk,  and  obtain  the  same;  and  if  such  books  have  been  re- 
ceived by  the  county  clerk  and  are  not  called  for  as  aforesaid, 
such  person  thus  notified  shall  be  held  responsible  in  the  same 
manner  and  to  the  like  extent  as  in  the  case  of  his  neglect 
or  refusal  to  deliver  over  to  his  successor  books  received  by 
him,  except  that  books  sent  for  the  use  of  township  officers 
may  be  sent  to  either  the  township  clerk  or  county  clerk,  when 
the  Secretary  of  State  shall  notify  the  township  clerk,  who 
shall  draw  all  of  the  books  for  the  officers  of  his  township 
and  distribute  the  same. 

Section  thirty -four  provides  that  each  city,  village,  town- 
ship, and  county  officer  shall,  when  he  ceases  to  hold  such 
office,  deliver  over  to  his  successor  in  office  all  such  books 
received  by  him  which  are  required  by  this  act  to  be  placed 
in  his  library. 


APPENDIX. 


FORMS     FOE     PROCEEDINGS     UNDER     THE     SCHOOL     LAWS; 


FORM  No.  1. 

Notice  by  the  Cleric  of  the  Board  of  Inspectors  to  a  taxable  Inhabitant  of  a  District  of  the 

Time  of  its  Formation. 

fSee  Sections  4647,  4648,  Compiled  Laws  1897.] 

To  A B : 

SIR— The  board  of  school  inspectors  of  the  township  of have  formed 

a  school  district  in  said  township,  to  be  known  as  district  No ,  and  bounded 

as  follows:     [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at on  the day  of 

18. ...  at o'clock  . . .  .M.,  and  you  are  instructed  to  notify 

every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said 
meeting,  either  personally  or  by  leaving  a  written  notice  at  Bis  place  of  residence. 
You  will  indorse  on  this  notice  a  return,  showing  each  notification,  with  the  date 
or  dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this day  of ,  18 

(Signed.)  C D 

Clerk  of  the  Board  of  School  Inspectors. 


FORM  No.  2. 
Notice  of  First  Meeting— when  made  in  writing  to  be  left  at  the  house  of  every  legal  voter. 

[See  Sections  4647,  464S,  4662,  Compiled  Laws  1897.] 

To  C D : 

SIR— School  district  No of  the  township  of ,  having  been  formed 

by  the  board  of  school  inspectors,  you,  as  a  legal  voter  in  said  district,  are  hereby 

notified  that  the  first  meeting  thereof  will  be  held  at ,  on  the. . 

day  of ,  18. . . .,  at. . .  .o'clock. . .  .M. 

Dated  this day  of ,  18 

A B , 

[The  person  appointed  to  give  notice.] 


110 


APPENDIX. 


FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1}  by 'Taxable  Inhabitant. 

[See  Sections  4647,  4648,  4662,  Compiled  Laws  1897.] 

I,  A B ,  hereby  returned  the  within  (or  annexed)  notice,  hav- 
ing notified  the  qualified  voters  of  the  district,  as  follows: 


NAMES. 


DATE. 


How  NOTIFIED. 


A B January  1,  1882 Personally. 

C D "        1,1882 Written  Notice. 

E '.'.' F. "        2,  1882 Personally. 

Dated  this day  of ,  18 

{Signed.)  A B 

FORM  No.  4. 
Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 

[See  Section  4656,  Compiled  Laws  1897.] 

To  the  Director  of  School  District  No. ,  Township  of : 

SIR— At  a  meeting  of  the  board  of  school  inspectors  of  the  township  of 

held ,  18 ,  the  boundaries  of  school  district  No ,  township 

of ,  were  altered  in  such  manner  that  the  territory  of  said  dis- 
trict now  includes  the  following:     [Here  insert  the  description.] 

Dated  this day  of 18 

(Signed.)  C D 

Clerk  of  the  Board  of  School  Inspectors. 

FORM  No.  5. 
Acceptance  of  office  by  District  Officers,  to  be  filed  with  the  Director. 

[See  Sections  4670,  4747,  4763,  4825,  Compiled  Laws  1897.] 

I  do  hereby  accept  the  office  of in  school  district  No 

of  the  township  of 

Dated  this day  of 18 

(Signed.)  A B 


FORMS    FOR    PROCEEDINGS.  Ill 

FORM  No.  (J- 
Assessor's  Bond. 

[See  Sections  4691,  4826,  Compiled  Laws  1897.] 
KNOW  ALL  MEN  BY  THESE  PRESENTS!      That  WC,  A B.  .  .  , ,  aSSCSSOr 

of  school  district  No ,  township  of county  of , 

and  State  of  Michigan,  C D and  E F 

[his  sureties],  are  held  firmly  bound  unto  said  district  in  the  sum  of 

[here  insert  double  the  amount  expected  to  come  into  the  assessor's  hands]  to  be 
paid  to  the  said  district;  for  the  payment  of  which  sum  well  and  truly  to  be  paid 
we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that,  if  the  said 

assessor  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office 

as  assessor  of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person 
or  persons  entitled  thereto,  upon  the  proper  order  therefor,  all  sums  of  money 
which  shall  come  into  his  hands  as  assessor  of  said  district,  and  shall,  at  the 
expiration  of  his  term  of  office,  pay  over  to  his  successor  in  office  all  moneys 
remaining  in  his  hands  as  assessor  aforesaid,  and  shall  deliver  to  his  successor 
all  books  and  papers  appertaining  to  his  said  office,  then  this  obligation  shall  be 
void,  otherwise  of  full  force  and  virtue. 

Sealed  with  out  seals  and  dated  this day  of ,  18. ... 

A B [L.  s.] 

C D ...,,  [L.S.] 

E F ,   [L.  s.] 

Signed,  sealed  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed)  G H ,  Moderator. 

J K ,  Director. 

Justification  of  Sureties  in  the  foregoing  Bond. 

C D ,  and  E ,  F the  sureties  whose 

names  are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself, 
says  that  he  is  a  resident  in  said  district  and  is  worth  the  sum  specified  in  said 
bond,  over  and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt 
from  execution. 

(Subscribed  and  sworn  to.) 


FORM     No.  7. 
Notice  of  Annual  Meeting. 

[See  Sections  4659,  4661,  4686,  Compiled  Laws  1897.1 

NOTICE. — The  annual  meeting  of  school  district  No.  ...  of  the  the  township  of. ... 

,  for  the  election  of  school  district  officers  and  for  the  transaction  of 

such  other  business  as  may  lawfully  come  before  it,  will  be  held  at , 

OH  Monday,  the day  of  September  [or  July],  18. . . .,  at. . .  .o'clock. . .  .M. 

Dated  this day  of  August  [or  July],  18 

(Signed)  A B Director. 


112  APPENDIX. 


FORM    No.  8. 

Request  to  be  made  by  five  Legal   Voters  of  a  District  to  tlie  District  Board  for  a 

Special  Meeting. 

[See  Section  4660,  Compiled  Laws  1897.] 

To  the  District  Board  of  School  District  No (or  to  A B one  of  the 

District  Board: 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of. ... 

,  request  you,  in  pursuance  of  section  15  of  chapter  II  of  the 

general  school  laws  of  1897,  to  call  a  special  meeting  of  said  district,  for  the 

purpose  of 

Dated  this day  of ,  18 

(Signed)  C D 

E F , 

G H , 

1 K 

L..  .   M.  . 


FORM    No.  9. 

Notice  of  Special  Meeting. 

[See  Sections  4660,  4661,  Compiled  Laws  1897.] 

NOTICE— A  special  meeting  of  the  legal  voters  of  school  district  No ,  in  the 

township  of ,  called  on  the  written  request  otfive  legal  voters  [or  called 

by  the  district  board,  as  the  case  may  be],  will  be  held  at r. . . .,  on  the 

day  of . . .,  18 ,  at o'clock M.,  for  the  purpose 

of  [here  insert  every  object  that  is  to  be  brought  before  the  meeting.] 

(Signed)  A B ,  Director. 


FORM    No.  10. 

Order  upon  the  Assessor  for  Moneys  to  be  disbursed  by  him,    with  Receipt  attached. 

[See  Sections  4686,   4691,   Compiled  Laws  1897.] 

Assessor  of  School  District  No ,  Townsiph  of : 

SIR— Pay  to the  sum  of 100  dollars  out  of  any  moneys 

in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order  is  drawn, 
as  "teachers'  wages,"  building,  etc.]  fund,  on  account  of  [here  state  the  object 
for  which  the  order  was  drawn.] 

Dated  this day  of 18 

A B ,  Director. 

[Countersigned] 

C D ,  Moderator. 

Received  of  E F ,  assessor  of  school  district  No ,  the 

amount  specified  in  the  above  order. 

G.  .  .  H 


FORMS    FOR    PROCEKDINGS.  113 

FORM    No.  11. 
Warrant  upon  Township  Treasurer  for  moneys  belonging  to  School  District. 

[See  Sections  4686,  4691,  4711,  4833,  Compiled  Laws  1897.] 

Treasurer  of  the  Township  of : 

SIR— Pay  to  A B ,  assessor  of  school  district  No ....  in  said 

township,  the  sum  of 100  dollars,  out  of  [here  insert  the 

particular  fund],  in  your  hands  belonging  to  said  district. 

Dated  at this day  of ,18 

C D Director. 

[Countersigned] 
E .  .  .  F .  .  .  Moderator. 


FORM    No.  12. 

Certificate  by  District  Board  to  Township  Clerk,  of  District  Taxes  to  be  Assessed. 

v 

[See  Sections  4665,  4674,  4778,  Compiled  Laws  1897.] 

Clerk  of  the  Township  of : 

The  undersigned,  district  board  of  school  district  No ,  township  of 

do  hereby  certify  that  the  following  taxes  have  been  voted  by  the  qualified  electors 
of  said  district,  during  the  school  year  last  closed,  under  the  provisions  of  section 
27  of  the  general  school  laws  of  1895: 


For  building  purposes 

For  repairs 

For  paying  indebtedness 
For  services  of  district  officers 
For  library 
For  apparatus 


Total  voted  by  the  district. 


We  further  certify  that  the  following  taxes  have  been  estimated  and  voted  by 
the  dsitrict  board  under  the  provisions  of  sections  36,  194  and  225  of  the  general 
school  laws  of  1895: 


For  teachers'  wages- j$ 

For  fuel   | | 

For  incidental  expenses ] | ». 

For  free  text  books | I 

For  flag  and  fla^  start j 

For  .  ! I 


Total  estimated  and  voted  by  district  board 


Which  amounts  you  will  report  to  the  supervisor  to  be  assessed  upon  the  tax- 
able property  of  said  district  in  accordance  with  the  provisions  of  law. 

Dated  at this day  of ,18 

A B ,  Moderator. 

C D ,  Director. 

K F ,  Assessor. 

15 


114  APPENDIX. 


FORM    No.    13. 
Bond  to  be  given  by  the  Chairman  of  the  Board  of  School  Inspectors. 

[See  Section  4(593,  Compiled  Laws  1897.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:    That  we,  A B ,  the 

chairman  of  the  board  of  school  inspectors  of  the  township  of ,  county 

of ,  and  State  of  Michigan,  and  C D and  E 

F [his  sureties]  are  held  and  firmly  bound  into  the  said  township,  in 

the  sum  of  [here  insert  the  sum  of  double  the  amount  to  come  into  said  chair- 
man's hands,  as  nearly  as  the  same  can  be  ascertained]  for  the  payment  of  which 
sum  well  and  truly  to  be  paid  to  the  said  township,  we  bind  ourselves,  our  heirs, 
executors  and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  this  obligation  is  such  that  if  A B ,  the 

chairman  of  the  board  of  school  inspectors,  shall  faithfully  appropriate  all  moneys 
that  may  come  into  his  hands  by  virtue  of  his  office,  then  this  obligation  shall 
be  void;  otherwise,  of  full  force  and  virtue. 

Sealed  with  our  seals,  and  dated  this day  of 18.  ... 

A B [L.  s.] 

C D ,   [L.  s.] 

E F [L.  s.] 

Signed,  sealed  and  delivered  in  the  presence  of 


I  approve  the  within  bond. 

(Signed)  G H ,  Toirnslrip  Clerk. 

Justification  of  Sureties  in  the  foregoing  Bond. 

C D and  E F ,  the  sureties,  whose  names 

are  subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that  he 
is  a  resident  in  said  township  and  is  worth  the  sum  specified  in  said  bond  over 
and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from  execu- 
tion. 

(Subscribed  and  sworn  to.) 


FORM    No.    14. 

Appointment  of  District  Officers  by  District  Boards. 

[See  Sections  4668,  4747,  4827,  Compiled  Laws  1897.] 

The  undersigned,  members  of  the  district  board  of  school  district  No 

township  of ,  do  hereby  appoint  A B 

[director,  moderator,  or  assessor,  as  the  case  may  be]  of  said  district  to  fill  the 

vacancy  created  by  the  [removal,  resignation,  or  death,  etc.]  of  C 

D ,  the  late  incumbent. 

Dated  this day  of 18 

E F 

G..  .   H 


FORMS    FOR    PROCEEDINGS.  115 

FORM    No.     15. 

Appointment  of  IHstdct  Officers  by  School  Inspectors. 
[See  Sections  4668,  4747,   Compiled  Laws  1897.] 

The  undersigned  school  inspectors  of  the  township  of ,  do  hereby 

appoint  A .  B . ......  [director,  moderator,  or  assessor,  as  the  case  may 

be]  of  school  district  No in  said  township,  the  district  board  having  failed 

to  appoint. 

Dated  this day  of . 18 

C D , 

E F , 

G H , 

Board  of  School  Inspectors. 


FORM    No.     16. 

Notice  of  Meeting  of  Inspector*. 

[See  Section  4653,  Compiled  Laws  1897.] 

NOTICE— A  meeting  of  the  board  of  school  inspectors  of  the  township  of.    

,  will  be  held  at ,  on  the day  of 18. . .  .,  at. ... 

o'clock. ..  .M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought 
before  the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts, 
state  the  alterations  proposed.] 

Dated  this day  of ,  18 

A B... 

Clerk  of  the  Board  of  School  Inspectors. 


FOBM    No.    17. 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Board  of  School  Inspectors 

when  they  establish  a  Site. 

ISee  Section  4728,  Compiled  Laws  1897.] 

The  inhabitants  of  school  district  No ,  township  of ,  having 

failed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  board  of 
school  inspectors  hereby  certify  that  they  have  determined  that  the  said  site  shall 
be  as  follows  [here  insert  description.] 

Give  under  our  hands  this day  of ,  18. ... 

A B 

C D 

E F 

Board  of  School  Inspectors. 


116  APPENDIX. 


FOBM    No.     18. 
Warrant  on  the  Township  Treasurer  for  Library  moneys. 

[See  Section  4754.  Compiled  Laws  1897.] 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIB — Pay  to ,  chairman  of  the  board  of  school  inspectors,  the  sum  of 

100  dollars,  from  the  library  moneys  in  your  hands  or  to  come  inre 

your  hands,  the  same  being  for  the  support  of  the  library  of  said  township. 

Dated  this day  of ,  18 

A.... B , 

C D , 

E F , 

1  uuonship  Hoard  of  tichool  Inspectors. 

REMARK. — In  case  district  libraries  are  established  in  a  township  the   library  moneys  due  such 
districts  are  payable  on  the  order  of  the  district  officer.  (See  form  No.  11.) 


FORM    No.    19. 

Notice  by  the  Township   Treasurer  to  the  Township  Clerk  of  moneys  to  be  Apportioned 

to  Districts. 

[See  Sections  4711,   4712,   Compiled  Laws  1897.] 

To  the  Clerk  of  the  Township  of County  of : 

SIB — I  have  now  in  my  hands  for  appointment  to  ihe  several  school  districts  of 
this  township  the  following  moneys: 

Primary  school  interest  fund $ 

Library  moneys  received  from  county  treasurer 

One-mill  tax 

Surplus  dog  tax 

District  taxes 

Special  funds 

Dated  this day  of ,  18 

A B   , 

Township  Treasure*. 


FOBM    No.    20. 

Notice  by  the  'Township  Clerk  to  the   Township     Treasurer,  of  the  Apportionment   of 

Moneys  to  Districts. 

[See  Sections  4702,  4703,   Compiled  Laws  1897.] 

To  the  Treasurer  of  the  Township  of ,  County  of . . , : 

SIB— Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each 
school  district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount 
of  moneys  apportioned  to  each  of  said  districts: 


FORMS    FOR    PROCEEDINGS. 


117 


Districts. 

a 

3 
0) 

!i 

9 

& 

Primary  school  in- 
terest fund. 

Library  moneys. 

% 

tfl 

1 

Surplus  dog  tax. 

District  taxes. 

Special  funds. 

i 

•3 
^ 
o 
i 
0 

2, 

"3.2 

I6 

District  No   1 

$ 

$ 

$* 

$    „ 

$ 

$ 

$ 

District  No  2  fr'l 

Total 

$ 

$    .  .. 

$  

$  

$  

$  

$  

Dated  this day  of 18 

A. 


Township  Clerk. 


FORM    No.    21. 


Notice  by  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Directors. 
[See  Section  4703,  Compiled  Laws  1897.] 


A B ,  Director  School  District  No ,  Township  of 

SIB— The  amount  of  school  moneys  apportioned  to  school  district  No ,  town- 
ship of ,  is  as  follows: 

Primary  school  interest  fund $ 

Library  moneys  received  from  county  treasurer 

Onr-mill  tax 

Surplus  dog  tax 

District  taxes 

Special  funds 


Total 

Dated  this day  of. . 


18 

A. 


Township  Clerk. 


FORM    No.    22. 

v 

Certificate  by  the  Township  Clerk  to  the  Supervisor,  of  District  Taxes  to  be  Assessed. 

[See  Section  4701,  Compiled  Laws  1897.] 

Supervisor  of  the  Tmvnship  of .County  of : 

SIR — I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  pro- 
posed to  be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school 
districts  of  this  township,  as  the  same  appears  from  the  reports  of  the  district 
boards  of  the  several  districts  now  on  file  in  my  office: 


118 


APPENDIX. 


Districts. 

For  teachers' 
wages. 

For  building 
purposes. 

£ 

"3 

2 

1 

For  paying  in- 
debtedness. 

3 

3 

1 

£ 

1 

1 

05 
3 

1 
I 

For  incidental 
expenses. 

, 

-3 
I 

District  No  1 

• 

1 

District  No.  2,  frl  

Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  dis- 
tricts in  accordance  with  the  provisions  of  law. 

Dated day  of 18 

A D 

Toionship  Clerk. 


FORM    No.    23. 
Deed  to  School  District. 

[See  Section  4673,  Compiled  Laws  1897.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:    That  A B and  C 

D his  wife,  of  the  township  of ,  county  of 

and  State  of party  of  the  first  part,  for  and  in  consideration  of  the 

sum  of 100  dollars,  to  them  paid  by  the  district  board  of  school 

district  No of  the  township  of .,  county  of 

and  State  of  Michigan,  the  receipt  whereof  is  hereby  acknowledged,  do  hereby 

grant,  bargain,  sell,  and  convey  to  school  district  No aforesaid,  the 

party  of  the  second  part,  and  their  assigns  forever,  the  following  described  parcel 
of  land  namely  [here  insert  description];  together  with  all  the  privileges  and 
appurtenances  thereunto  belonging,  to  have  and  to  hold  the  same  to  the  said  party 
of  the  second  part  and  their  assigns  forever.  And  the  said  party  of  the  first  part 
for  themselves,  their  heirs,  executors,  and  administrators,  do  covenant,  grant, 
bargain,  and  agree,  to  and  with  the  said  party  of  the  second  part  and  their  assigns, 
that,  at  the  time  of  the  ensealing  and  delivery  of  these  presents,  they  were  well 
seized  of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute,  and 
indefeasable  estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said  lands 
and  premises  are  free  from  all  encumbrances  whatever;  and  that  the  above  bar- 
gained premises,  in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part  and  their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming  or  to  claim  the  whole  or  any  part  thereof,  they  will  forever  warrant 
and  defend. 

In  witness  whereof,  the  said  A B ,  and  C 

D his  wife,  party  of  the  first  part,  have  hereunto  set  their  hands 

and  seals,  this day  of ,18 

A B ,  [SEAL] 

C D ,  [SEAL] 

Signed,  sealed,  and  delivered  in  presence  of 

E F , 

G H 

STATE  OF ) 

County  of f  ss> 

On  this day  of in  the  year  one  thousand  eight  hundred  and 

t  before  me,  I K ,  a ,  in  and  for  said 

county,  personally  appeared ,  and ,  his  wife, 


FORMS    FOR    PROCEEDINGS.  119 

to  me  known  to  be  the  same  persons  described  in  and  who  executed  the  within 
instrument,  who  severally  acknowledged  the  same  to  be  their  free  act  and  deed. 
Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

I K ,    [SEAL] 


FORM    No.    24. 

Lease  to  School  District. 

[See  Section  4673,  Compiled  Laws  1897.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:   That  A B ,  of  the 

township  of ,  county  of and  State  of 

of  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto  school 

district  No ,  in  the  township  of county  of , 

and  State  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following 
parcel  of  land,  to  wit:  [Here  insert  description]  with  all  the  privileges  and  appur- 
tenances thereto  belonging;  to  have  and  to  hold  the  same  for  and  during  the  term 

of years  from  the day  of ,  18. ...     And  the  said  party 

of  the  second  part,  for  themselves  and  their  assigns,  do  covenant  and  agree  to  pay 

the  said  party  of  the  first  part,  for  the  said  premises,  the  annual  rent  of 

dollars. 
In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals, 

this day  of 18 

A B ,  [SEAL] 

Lessor. 

C D , 

E F ,  [SEAL] 

G H , 

District  Board  of  School  No of  the  aforesaid  Township. 

Signed  and  sealed  in  the  presence  of 

I K 

L,.  .  .   M.  . 


FORM     No.     25. 
Contract  for  Building  a  Schoolhouse. 

[See  Section  4673,  Compiled  Laws  1897.] 

Contract  made  and  entered  into  between  A B of  the  town- 
ship of  in  the  county  of and  State  of  Michigan,  and 

C D E '. . .  F ,  and  G H 

composing  the  district  board  of  school  district  No ,  of  the  township  of 

in  the  county  of ,  and  State  of  Michigan,  and  their  successors 

in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as 

hereinafter  specified,  the  said  A B hereby  agrees  to  build 

a schoolhouse,  and  to  furnish  the  material  therefor,  according  to  the 

plans  and  specifications  for  the  erection  of  said  house  hereto  appended,  and  at 
such  point  in  said  district  as  said  district  board  may  designate.  The  said  house 
is  to  be  built  of  the  best  material,  in  a  substantial,  workmanlike  manner,  and  is 


120  APPENDIX. 


to  be  completed  and  delivered  to  the  said  district  board  or  their  successors  in  office, 

free  from  any  lien  for  work  done  or  material  f urnisheu,  by  the day  of 

18. ...     And  in  case  the  said  house  is  not  finished  by  the  time  herein  specified. 

the  said  A B shall  forfeit  any  pay  to  the  said  district  board 

or  their  successors  in  office,  for  the  use  of  said  district,  the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that  may  result  to  said  district 
in  consequence  of  said  failure. 
The  said  district  board  or  their  successors  in  office,  in 'behalf  of  said  district, 

hereby  agree  to  pay  the  said  A B the  sum  of 

dollars,  when  the  foundation  of  said  house  is  finished;  and  the  further  sum  of 

dollars  when  the  walls  are  up  and  ready  for  the  roof;  and  the 

remaining  sum  of dollars  when  the  said  house  is  finished  and 

delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  transferred,  or  as- 
signed without  the  consent  of  both  parties. 

Witness  our  hands  this day  of 18.  ... 

A B , 

Contractor. 

C D , 

E F 

G H 

District  Board. 


FORM  No.  26. 

Contract  between  District  Board  and  Teacher. 

[See  Sections  4676,  4678,  4695,  4748,  Compiled  Laws  1897.] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district 

No in  the  township  of ,  county  of ,  and  State  of 

Michigan,  and  A B ,  a  legally  qualified  teacher  in  said  town- 

ship^  that  the  said  A B shall  teach  the  school  of  said  district 

for  the  term  of months,  commencing  on  the day  of 

18 ;  and  the  said  A B agrees  to  faithfully  keep  a  correct 

list  of  the  pupils,  and  the  age  of  each  attending  school,  and  the  number  of  days 
each  pupil  is  present,  and  to  furnish  the  director  of  the  district  with  a  correct 
copy  of  the  same  at  the  close  of  the  school,  and  to  observe  and  enforce  the  rules 
and  regulations  established  by  the  district  board. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  keep  the  schoolhouse 
in  good  repair,  to  provide  the  necessary  fuel  to  keep  the  schoolhouse  in  com- 
fortable condition,  and  to  pay  said  A B for  the  said  services 

as  teacher,  to  be  faithfully  and  truly  rendered  and  performed,  the  sum  of 

.dollars  per  month,  the  same  being  the  amount  of  wages  above  agreed 

upon,  to  be  paid  on  or  before  the   day  of ,  18.  . . . : 

Provided,  That  in  case  said  A B shall  be  dismissed  from  school 

by  the  district  board,  for  gross  immorality  or  violation  of  this  contract,  or  shall 

permit   h certificate  of  qualification  to  expire,   or  shall   have   said  certificate 

annulled  or  suspended  by  the  county  board  of  school  examiners  or  other  lawful 

authority,  h shall  not  be  entitled  to  any  compensation  from  and  after  such 

annulment,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names,  this 

dav  of ,  18 

C D...... , 

E F 

G H 

District  Board. 
A .  .  .   B Teacher. 


V 


FORMS    FOR    PROCEEDINGS. 


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122  APPENDIX. 


FORM  No.  28. 
Notice  to  Parents  or  Guardians  in  Rural  Districts. 

Township,   ................  189.... 


To  ...................... 

You  are  hereby  notified  that  ..........................  a  child  between  8  and  14 

years  of  age,  and  under  your  legal  control,  is  not  attending  the  public  school  in 
your  district. 

You  will  see  to  it  that  ........  presents  ........  self  with  the  necessary  text-books 

at  the  said  school  on  Monday  morning  next,  at  9  o'clock,  and  that  ..........  shall 

continue  in  regular  attendance  for  at  least  8  half  days  during  each  week  for  a 
period  of  four  consecutive  months  previous  to  the  30th  day  of  June,  189  ____  ,  or 

during  such  part  of  said  four  months  as  may  yet  remain  previous  to  said  30th 
day  of  June. 

Yours  respectfully, 


Truant  Officer. 


FORM  No.  29. 

Notice  to  Parents  or  Guardians  in  Cities  having  a  regularly  constituted  Police  Force. 

Michigan, 

189.... 

To  M 

No St. 

You  are  hereby  notified  that is  believed  to  be  over  7  and  under 

16  years  of  age  and  that is  not  attending  school  as  provided  for  by  the  act 

under  which  this  notice  is  sent,  and  you  are  hereby  notified  to  cause  said to 

begin  regular  attendance  next  Monday  at  the school. 

Respectfully, 


Supt.  of  Schools. 
Served..  ,  189 


Truant  Officer. 


FORM  No.  30. 

Notice  to  Truant  Officer  by  School  Officers,  Teachers  or  Residents  of  District. 

Michigan, 

189.... 

To  the  Truant  Officer  of  Township  [or  city]  of 

SIR— You  are  hereby  notified  that  the  following  named  pupils  residing  at 

St.,  are  liable  to  the  penalty  for  violation  of  the  law  for  compulsory 

attendance  at  school. 

I  trust  you  will  investigate  the  cases  at  once  and  learn  the  reasons  why  they  are 
not  in  school. 

Respectfully, 

A B 


FORMS    FOR    PROCEEDINGS.  123 

FORM  No.  31. 

Notice  to  Parents  or  Guardians  of  Juvenile  Disorderly  Persons. 

Michigan, 

189.... 

To  M 

No St. 

Your  child,  or  ward is  reported  to  me  as  belonging  to  the  class 

deemed  juvenile  disorderly  persons  by  the  compulsory  education  law,  and  you  are 
hereby  warned,  that  by  an  act  of  the  legislature  of  Michigan,  passed  in  1895,  the 
following  classes  of  persons  between  the  ages  of  eight  and  fourteen  years,  and  in 
cities  between  the  ages  of  SEVEN  and  SIXTEEN  years,  are  deemed  Juvenile  Dis- 
orderly Persons  and  shatt  in  the  judgment  of  the  proper  school  authorities,  be 
assigned  to  the  ungraded  school  or  schools: 

1.  Habitual  truants  from  any  school  in  which  they  are  enrolled  as  pupils. 

2.  Children  who,  while  attending  any  school,  are  incorrigibly  turbulent,  diso- 
bedient, or  insubordinate,  or  are  vicious  or  Immoral  in  conduct. 

3.  Children  who  are  not  attending  any  school  and  who  habitually  frequent 
streets  and  other  public  places,  having  no  lawful  business,  employment  or  occupa- 
tion. 

You  are  further  warned  that  for  persistence  in  the  above  mentioned  conduct, 
said  juvenile  disorderly  persons  may  be  sentenced  to  the  Reform  School  at  Lansing, 
or  to  the  Industrial  Home  at  Adrian. 

Your  attention  is  directed  to  the  provisions  of  the  act,  under  authority  of  which 
this  warning  is  served. 

You  are  hereby  ordered  to  cause  said to  begin  regular  attendance 

next  Monday,  at  the  ungraded  school  located. in  this  city. 

Served ,  189 


Truant  Officer. 


INDEX. 


INDEX. 


ABSTRACTS:  PAGE 

of  school   inspectors'   reports,   4639 10 

ACADEMIES  AND  INCORPORATED  EDUCATIONAL  INSTITUTIONS: 

report  to  superintendent  of  public  instruction,  4803 65 

ACCEPTANCE  OF  OFFICE: 

filed  with  and  recorded  by  director,  4670,  4747,  4825 23,  51,  77 

neglect  to  file  vacates  office,  4667 22 

penalty  for  failing  to  file,  4766 57 

ACCOUNTS: 

of  director,   4686,   4748 29,  52 

inspectors,  4696   34 

members  of  board  of  school  examiners,  4837 74 

ACTION: 

against  school  districts,  4721-4727 42,  43 

relative  to  obtaining  site,  4728-4742 43-48 

ADJOURNMENTS : 

of  district  meeting,  4665 20 

proceedings  to  obtain  site,  4738 47 

ADMISSION  OF  PUPILS: 

non-resident,  4684  28 

resident,   4683   28 

to  Agricultural  College,  4791 63 

high   school,   4748 52 

kindergarten,   4794    63 

Normal   school,   1819 94 

AGE: 

at  which  education  is  compulsory,  4847 84 

school,    4683,    4794,    4823 28,  63,  77 

AGENTS  FOR  SCHOOL*  BOOKS,  ETC. : 

officers,  superintendents  and  teachers  not  to  act  as,  4773,  4818 60,  75 

AGRICULTURAL  COLLEGE  COURSE: 

for  district   schools,   4791 , 63 

AGRICULTURAL  SCHOOL: 

admission  of  pupils  to  freshman  class,  4791 63 

duties  of  secretary,  4791 63 

examination  for  admission  to,  4821,  4822 75,  76 

to  be  provided,  con.  prov.,  art.  xiii,  sec.  11 9 

ALIENS: 

not  eligible  to  office,  4669 23 

ALTERATION: 

in  boundaries  of  districts,  4653-4656 15,  16 

graded  school  districts,  4749 53 

township  school  districts,   4838 

of  schoolhouse  sites,  4728 43 

(See  School  District;  also,  Township  Board  of  Inspectors.) 
ANNUAL  MEETING: 

(See  District  Meetings.) 
ANNULMENT  OF  CERTIFICATES: 

by  county  board  of  school  examiners,  4814 72 

faculty  of  University,  4804 66 

State  Board  of  Education,  1817,   1818,   1826,  4805 94,  96,  67 

APPARATUS: 

director  authorized  to  purchase,  4665 21 

tax  may  be  voted  for  the  purchase  of,  4665 20 

APPEAL: 

from  inspectors  to  township  board,  4743-4745 49,  50 

APPENDAGES  TO  SCHOOLHOUSE: 

tax  may  be  voted  for  procuring,  4665 20 

to  be  provided  by  director,  4686 29 

APPOINTMENT : 

of  building  committee,  4665 21 

clerk  of  meeting  in  director's  absence,  4665,  4826 21,  78 


128  INDEX. 


APPOINTMENT—  Continued:  .  PAGE 

conductor  of  teachers'  institute,  4842 

county  commissioner  of  schools  in  case  of  vacancy,  4819 75 

deputy  superintendent  of  public  instruction,  4640 

district  officers  in  case  of  vacancy,  4668 22 

trustees  in  case  of  vacancy,  4747,  4827 -. 51,  78 

first  meeting  of  a  district,  4647,  4823 13,  76 

librarian  of  township  library,  4756 , 55 

member  of  board  of  school  examiners  in  case  of  a  vacancy,  4808 68 

person  to  take  school  census,  4687,  4830 30,  79 

State  officers  in  case  of  a  vancancy,  con.  prov.,  art.  viii,  sec.  3 7 

truant  officers,  4848 85 

APPORTIONMENT : 

of  library  moneys,  4762 56 

moneys  collected  in  fractional  districts,  4713 39 

on  division  of  a  district,  4710,  4838 38,  80 

raised  by  taxes,  4703 

to  districts  by  township  clerk,  4702 35 

one-mill  tax,  4705 36 

primary   school   interest   fund,    4642-4644 

county  clerk's  duties,  4715 

treasurer's  duties,  4716 39 

property  on  division  of  a  district,  4657,  4658,  4838 16,  17,  80 

tax  assessed  before  and  collected  after  division  of  districts,  4710 

township  treasurer's  duties  in  relation  to,  4703 35 

ASSESSMENT  OF  TAXES: 

(See  Taxes.) 
ASSESSOR: 

acceptance  of  office,  4670,  4747 23,  51 

a  member  of  district  board,  4671 

board  of  inspection  at  election  to  vote  bonds,  4717 

and  moderator  to  audit  director's  accounts,  4686 29 

bond  required,  4691 

election  and  term   of  office  of,  4666,   4746 22,50 

may  be  removed  from  office,  4772 

money  paid  to,  from  old  district,  4706 

penalty  for  neglecting  duties,  4766 

summons  to  be  served  on,  in  suits,  4722 42 

to  appear  for  district  in  suits,  4691 

certify  judgment  against  district  to  supervisor,  4724-4726 

collect  damages  from  township  clerk  or  supervisor,  4771 

keep  record  of  receipts  and  expenditures,  4691 

pay  orders,  legally  drawn,  from  proper  funds,  4691 

report  to  district  board  receipts  and  disbursements,  4691 

warrants  on  township  treasurer  payable  to,  46S6 29 

(See  District  Board;  also  Moneys.) 
ASSOCIATION  FOR  ESTABLISHING  LOAN-FUNDS: 

articles  of  association,  sec.  3,  4 102 

may  be  given  in  evidence,  sec.  7 104 

classification  of  members,   sec.  4 103 

election  of  officers,   sec.  6 , 103 

funds  of,   sec.  5 103 

manner  of  incorporation,   sec.  2 102 

number  that  may  incorporate,   sec.  1 102 

officers  of,    sec.  4 103 

ASSOCIATIONS: 

teachers  may  form,   7730-7732 90 

ASYLUMS: 

for  deaf,  dumb  and  blind,  con.  prov.,  art.  xiii,  sec.  10 9 

ATTACHMENT: 

to  enforce  attendance  in  certain  proceedings,  4732 45 

ATTENDANCE: 

of  jurors  and  witnesses  on  certain  proceedings,  4732,  4733 45 

BALLOT: 

election  of  officers  to  be  by,  4666,  4717,  4746,  4824 22,  40,  50,  77 

BLIND: 

institution  for,  con.  prov.,  art.  xiii,  sec.  10 

BOARD,  DISTRICT: 

(See  District  Board.) 
BOARD  OF  EDUCATION: 

(See  State  Board  of  Education.) 
BOARD  OF  INSPECTION: 

at  election,  to  vote  on  issuance  of  bonds,  4717 40 

BOARD  OF  INSTRUCTION: 

of  State  Normal  School  may  grant  certificates,  1817,  1818 94 

BOARD  OF  LIBRARY  COMMISSIONERS: 

(See  State  Board  of  Library  Commissioners.) 
BOARD  OF  REGENTS: 

of  University,  con.  prov.,  art.  xiii,  sec.  7 

BOARD  OF  SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 
BOARD  OF  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 


INDEX.  129 


BOARD  OF  TRUSTEES  IN  GRADED  SCHOOL  DISTRICTS:  PAGE 

consent  of,  to  be  obtained  to  alteration  in  district,  4749 53 

election  and  term  of  office  of,  4746 50,  51 

may  establish  day  schools  for  the  deaf,  sec.  1 105 

officers  of,   4747 51 

penalty  for  neglect  of  duties,   4801 65 

powers  and  duties  of,  4748,  4800 52,  65 

publication  of  financial  statement  of  district  by,  4800 65 

vacancy  in,   how  filled,   4747 51 

(See  District  Board;  Graded  School  Districts;  also,  Township  Districts.) 
BOARD,  TOWNSHIP: 

(See  Township  Board.) 
BOARDS: 

when  authorized  to  examine  teachers,  to  collect  fees,  4839 81 

BOND: 

liability  of  county  treasurer  on,   4735 46 

of  appellants  from  inspectors'  action,  4744 49,  50 

assessor,  4691 31 

chairman  of  board  of  school  inspectors,  4693 33 

county  commissioner  of  schools,  4809 / 69 

treasurer  of  State  board  of  education,  1822 95 

township  board  of  education,   4826 78 

BONDS: 

election  to  vote  on  issuance  of,  4717 40 

limitations  of,  4717 40 

may  be  issued  for  money  borrowed,  4717 ' 40 

pa'id  by  issuing  further  bonds,  4720 41 

tax  may  be  voted  to  redeem,  4719 41 

BOOKS,   LIBRARY: 

(See  Libraries.) 
BOOKS  OP  RECORD: 
(See  Records.) 
BOOKS,  SCHOOL: 

(See  Text-books.) 
BOUNDARIES  OF  DISTRICTS: 

alterations  in,   4653-4656 15,  16 

described  in  first  notice,  4647 t 13 

map  to  be  made  showing,   4700 35 

of  graded  school  districts,   4749 53 

township  school  districts,   4838 80 

(See  School  Districts;  also  Township  Board  of  School  Inspectors.) 
BUILDING  COMMITTEE: 

voters  may  appoint  and  prescribe  duties,  4665 21 

BUILDINGS: 

(See  Schoolhouses.) 
BY-LAWS: 

(See  Regulations.) 
CENSUS  OF  SCHOOL  DISTRICTS: 

time  of  taking  not  to  be  changed,  4659 17 

when  and  how  taken,  4687,  4S30 30   79 

CENTRAL  STATE  NORMAL: 

an   act  to   establish,   1829-1831 97   98 

CERTIFICATE: 

of  court  in  proceedings  to  obtain  site,  4733 45 

inspectors  on  establishing  site,  4728 43 

instruction  in  physiology,  etc.,  to  be  filed  by  teacher,  4680 27 

copy  to   be   filed   by   director  with   township 

clerk,  468  27 

to  supervisor,  of  taxes  to  be  assessed,  4701,  4707,  4831 35,  37,  79 

township  clerk,   of  district  taxes,   4675 24 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

fee  to  be  paid  on  obtaining,  4839 81 

given  by  county  board  of  school  examiners,  4812,  4813 70,  71 

faculty  of  University,  4804 66 

State  board  of  education,  218,  1826,  1832,  1833 83,  96,  98,  99 

Normal  School,  1817,  1832 94,  98 

grades  of,  and  requisite  qualifications  to  obtain,  481S 

list  of  teachers  having,  to  be  furnished  township  clerk,  4815 

necessity  of  having  to  entitle  to  pay,  4678 

record  of,  to  be  kept  by  county  commissioner  of  schools,  4815 

renewal  of  by  board  of  examiners,  4812 70 

revocation  or  suspension  of,  4804,  4814,  1817,  1818,  1826 66.  72,  94,  96 

signed  by  commissioner  and  one  member,  4812 70 

two  classes  of  third  grade,  4813 71 

CHAIRMAN: 

of  board  of  school  inspectors,  4692 33 

compensation   of,   4848 

duties  relative  to  supervision  of  schools,  4816 

to  give  bond,  4693 33 

first  meeting  of  district,   4647 13 

penalty  for  neglect  of  duty,  4765 57 

17 


130  INDEX. 


CHAIRMAN—  Continued:  PAGE 

meeting,  may  arrest  disorderly  persons,  4664 

be  appointed  in  absence  of  moderator,   4665 20 

to  give  oath  to  challenged  voter,  4663 19 

CHALLENGE: 

of  juror  in  proceedings  to  obtain  site,  4732 45 

voter  at  district  meetings,  4663 19 

CHILDREN: 

census  list   of,   4687,   4830 30,  79 

compulsory   education   of,    4847-4853 84-87 

duties  of  police  officers  with  respect  to,  4848 85 

(See  Pupils.) 
CLASSIFICATION  OF  PUPILS: 

(See  Pupils.) 
CLERK: 

of  board  of  education,  4826 78 

school  inspectors,  4692,  4698 33,  34 

county.    (See  County  Clerk.) 

district,   director  to  be,   4686 29 

township.    (See  Township  Clerk.) 
COLLECTION: 

of  damages  for  not  reporting  and  assessing  taxes,  4771 58 

fines   for   injuring   library  books,    4755 55 

institute  fees  from  teachers,  4839 81 

judgment   against   district,    4723-4727 42,  43 

penalties,  4768,  4769,   4771,  4797,   4802 58,  64,  65 

taxes,  4704-4713  36-39 

COMMITTEE  ON  BUILDING: 

voters  may  appoint  and  prescribe  duties,  4665 21 

COMMUNICABLE  DISEASES: 

teaching  prevention  of,  4796-4799 64 

COMPENSATION: 

for  site  determined  by  jury,  4733 45 

of   county   commissioner,   4817 74 

inspectors  for  meetings,  limited,  4697 34 

members  of  county  board  of  school  examiners,  4817 

board  of  education  of  township,  4837 

State  board  of  education,  1825 

officers  and  jurors  in  proceedings  to  obtain  site,  4741 48 

in  school   districts,  4665,  4748,  4837 20,52,80 

teachers,   4878,   4748,   4830 25,  52,  79 

township  clerk,  2374 

officers,    2374    

truant  officer,  4848 

COMPULSORY  EDUCATION: 

age  at  which  compulsory,  4847 

children  exempted,  4847 

to  be  sent  to  reformatory  institutions,  4853,  11766 86,  87 

establishment  of  ungraded  schools,  4850 

incorrigible  children  in  graded  schools  to  be  sent  to  ungraded,  4851 

judge  may  suspend  sentence  in  certain  cases,  4853 

length  of  time  to  be  sent  to  school,  4847 

penalty  of  parent  or  guardian  for  failure  to  comply  with  law,  4849 

school  boards  to  furnish  books  in  certain  cases,  4681 

who  are  truants  under  this  act,  4851,  11765 86,  87 

CONDUCTOR: 

of   teachers'    institutes,    4842 

CONSOLIDATION  OF  DISTRICTS: 

(See  School  Districts;  also,  Township  Board  of  School  Inspectors.) 
CONSTITUTIONAL  PROVISIONS: 

Agricultural  School,  art.  xiii,  sec.  11 

districts  may  be  deprived  of  public  moneys,  art.  xiii,  sec.  5 

escheats  of  lands  to  the  State,  art.  xiii,  sec.  3 

finance  and  taxation,  art.  xiv,  sec.  1 

free  schools  to  be  maintained,  art.  xiii,  sees.  4,  5 

institutions  for  deaf,  dumb  and  blind,  art.  xiii,  sec.  10 

libraries  to  be  provided,  art.  xiii,  sec.  12.... 

regents  of  the  University,  art.  xiii,  sees.  6-S 

school  funds,   art.  xiii,   sec.  2 

State  Board  of  Education,  art.  xiii,  sec.  9 

officers  to  be  elected,  art.  viii,  sec.  1 

term  of  office,  art.  viii,  sec.  2 

vacancy  in  office,  how  filled,  art.  viii,  sec.  3 

where  to  keep  offices,  art.  viii,  sec.  1 

CONTRACT:  „    _0    „ 

with  teachers,  4678,  4748,  4830 25,  52,  79 

CORPORATE  POWERS: 

of  association  for  establishing  loan-funds,  sec.  2 ly* 

districts,  4652   

State  board  of  education,  1812 

teachers'    associations,    7732 

CORPORATIONS : 

teachers  may  form,   7730-7732 


INDEX.  131 


COUNTY  BOARD  OF  SCHOOL  EXAMINERS:  PAGE 

compensation  of  members  of,  4817 

county  clerk's  duties  in  relation  to  election  of,  4808 

duties  of  county  commissioner,  4815 72,  73 

election  and  term  of  office  of,  4808 •. 68 

file  oaths  of  office,   4808 68 

grades  of  certificates  issued  by,  4813 71,  72 

may  hold   special   meetings,   4811 69 

suspend  or  revoke  certificates,  4814 

meetings  for  examination  of  teachers,  4811 69 

schedule  of  meetings  for  special  examinations  to  be  published,  4811 70 

to  whom  certificates  may  be  granted,  4812 70- 

vacancies  in  board,  how  filled,  4808,  4819 68,75 

what  schools  exempt  from  supervision  of,  4820 75 

when  officers  in  certain  districts  may  examine  teachers,  4820 75 

(See  Chairman  of  Board  of  Inspectors;  also,  County  Commissioner  of  Schools.) 
COUNTY  CLERK: 

duties  in  proceedings  to  obtain  site,  4736,  4737 46,  47 

relation  to  apportionment  of  moneys,  4715,  4761 39,  56- 

distribution  of  laws,  etc.,  sees.  32,  33 107 

election  of  county  commissioner  of  schools,  4809 69 

school  examiners,   4808 68 

inspector's  reports,  4715,  4769, '4829 39,  58,  79 

to  draw  order  on  county  treasurer  for  institute  moneys,  4843 83 

receive  and  dispose  of  communications,  etc.,   sent  by  State  superintendent, 

4714  39 

COUNTY  COMMISSIONER  OF  SCHOOLS: 

compensation  of,  4817 74 

distribution  of  laws,  etc.,  sees.  32,  33 107 

duties  of,  4815 72,  73 

counsel  with  teachers,  4815 73 

examination    of   candidates    for    admission    to    Agricultural    College, 

4821,  4822   75,  76 

examinations,    hold,    4811 „...  69- 

keep  record  of,  4815 12 

prepare  schedule  of,  4811 70 

file  acceptance  of  office  and  bond,  4808 68 

furnish  list  of  teachers,  4815 73 

receive  annual  reports,  4815 73 

institute   fees,   4815 72 

instructions  from  superintendent  of  public  instruction,  4815...  7? 

election   of,   4808 68 

eligibility   to   office,   4810 69 

expenses  audited  by  board  of  supervisors,  4817 74 

grant  special   certificates,   4813 71 

may  renew  certificates,  4812 >..-, 70 

not  act  as  agent,  4818 75 

shall  sign  certificates,  4832 70 

vacancy  in  office  of,  4819 75 

visit  schools,   4815 73 

COUNTY  INSTITUTES: 

(See  Teachers'  Institutes.) 
COUNTY  TREASURER: 

liability    on    bond,    4735 46 

money  for  site  deposited  with,  4735,  4740 46,  48 

statements  of  apportionment  filed  with,  4715,  4761 39,  56 

to  apply  to  State  treasurer  for  certain  moneys,   4716 39 

apportion  library  moneys,  4762 57 

notify  township  clerk  and  treasurer  of  moneys,  4716 39 

pay  teachers'  institute  fund  on  order  of  clerk,  4843 83 

township  treasurer  township  moneys,  4716 39 

set  apart  institute  fees  as  institute  fund,  4840 82 

vouchers  for  payment  at  teachers'  institutes  filed  with,  4846 8? 

COURSE  OF  STUDY: 

Agricultural  College,  for  district  schools,  4791 63 

to  be  prescribed  for  schools,  4680,  4748 .  26   52 

COURSES   OF  STUDY: 

uniformity  of,  in  normal  schools,  1832 98 

CRIMES  AND  OFFENSES: 

disturbing   district   meeting,    4664 19 

school,  4682  27 

illegal  use   of  moneys,  1203 91 

(See  Penalties.) 
DAMAGES: 

to  be  collected  from  certain  officers  for  neglect  of  duties,  4771 58 

books  in  libraries,  4755 55 

DAY  SCHOOLS  FOR  THE  DEAF: 

duty  of  State  treasurer  in  regard  t®,  sees.  3,  4 

shall  be   established,    sec.   1 305 

report  to  superintendent  of  public  instruction,  sec.  2 

system  to  be  used  in,  sec.  5 

teachers   employed,    sec.    5 106 

who  may  attend,  sec.  6 106 


132  INDEX. 


DEAF,  DUMB  AND  BLIND:  PAGE 

institutions  for,  con.  prov.,  art.  xiii,  sec.  10 9 

DEED: 

to  schoolhouse  site,  4673 23 

DELIVERY  OF  BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE: 

by  assessor  of  district,  4691 32 

director  of  district,  4686 29 

superintendent  of  public  instruction,  4645 12 

DEPUTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment  and  duties  of,  4640 11 

DIAGRAM: 

(See  Maps.) 
DIPLOMAS: 

to  graduates  of  the  State  Normal  School,  1317,  1818,  1832,  1833 94,  98   99 

DIRECTOR: 

acceptance  of  office,  4670,  4747 23,51 

account   of,    4686,    4748 29,  52 

a  member  of  district  board,  4671 23 

board  of  inspection,  at  election  to  issue  bonds,  4717 40 

and  moderator  to  certify  payments  to  supervisor,  4706 37 

approve  bond  of  assessor,  4691 31 

execute  bonds  of  district,  4718 41 

appointment  of,  in  case  of  vacancy,  4668 22 

clerk  in  absence  of,  4665 , 20 

draw  and  sign  warrants  and  orders,   4686 29 

election  and  term  of  office  of,  4666,  4747,  4824 22,  51.  77 

file  census  list  with  township  clerk,  4687 3» 

certificate  of  instruction  in  physiology,  etc.,  with  township  clerk,  4680 27 

give  notices  of  meetings,  4686 29 

have  custody  of  schoolhouse  and  property,  4679 26 

judgment  certified  to,  by  assessor,  4724 42 

keep  account  of  expenses,   4686 29 

schoolhouse  in  repair,  4686 29 

make  reports  to  inspectors,  4689 

may  be  removed  by  township  board,  4772 59 

notified  of  alterations  in  district,  4656 16 

moneys  to  be  apportioned,  4703 36 

site   fixed   by   inspectors,    4728 43 

of  fractional  district,  to  whom  to  report,  4690 31 

penalty  for  neglect  to  accept  office,  or  perform  duties,  4766 57 

present  estimates  to '  annual  meeting,  4686 -. 29 

warrants  and  orders  to  moderator  to  be  countersigned,  4686 29 

provide  appendages  to  schoolhouses,  4686 

record  acceptances  of  offices,  4670 23 

notice  of  first  meeting,  4647 13 

of,  relative  to  organization  of  districts,  4651 14 

reports  of,  to  be  filed  with  township  clerk,  4689 31 

to  be  clerk  of  district,   4686,   4826 -. 29,  78 

furnished   with  register  of   school,   4678 25 

take  annual  school   census,  4687 30 

(See  District  Board.) 
DISORDERLY  PERSONS: 

juvenile,  who  to  constitute,  4851,  11765 86,  87 

to  be  taken  into  custody,  4664 -. 19 

DISTRIBUTION  OF  MONEYS: 

(See  Appointment.) 
DISTRICTS,  SCHOOL: 

(See  School  Districts.) 
DISTRICT  BOARD: 

acceptance  of  office  by  members,  4670,  4747,  4825 23,  51,  77 

appointment  to  vacancy  in,   4668,   4747,   4827 22,51,78 

director  to  be  clerk  of,  4686,  4826 29,  78 

election  and  terms  of  office  of  member,  4666,  4746,  4824 22,  51,  77 

may  admit  non-resident  pupils,  4684 

appoint  persons  to  take  school  census,  4687,  4830 30,  79 

classify  pupils,  4683,  4748 28,  52 

determine  certain  matters  when  meeting  fails,  4665,  4831 21,  79 

donate  or  sell  library  books  to  township  library,  4764 

establish  day  schools  for  the  deaf,  sec.  1 105 

fix  rates  of  tuition  to  non-resident  pupils,  4684 

suspend  or  expel  disorderly  pupils,  4682 

to  apply  for  jury  in  suit  to  obtain  site,  4729 

moneys  according  to  law,  4676 

build,   hire  or  purchase  schoolhouse,   4673,   4830 23,79 

call    meetings  of   district,   4660 

establish  rules,   etc.,   for  school,  4682,   4830 27,  79 

estimate  amount  for  support  of  schools,  4674 

have  care  of  schoolhouse  and  property,  4679 26 

management  of  district  library,  4758,  4830 55,  79 

hire  teachers,   4678,  4748 25,52 

make  statement  of  finances  to  annual  meeting,  4677,  4834 25,  80 

not  pay  money  to  unqualified  teachers,  4676 

prescribe  text-books  and  courses  of  study,  4680 


INDEX.  133 


DISTRICT  BOARD— Continued:  PAGE 

provide  for  instruction  in  physiology,   etc.,   4680 26 

kindergarten,  4792-4795  63 

school,  4665  21 

publish  financial  statement  of  district,  4800 65 

purchase  books  for  indigent  children,  4681 27 

necessary  books,  blanks,  etc.,  4672 23 

or  lease  site  for  schoolhouse,  4673,  4830 23   79 

United   States  flags,   4802 65 

report   taxes   to   be  assessed,   4675 24 

sell  site  or  property  of  district  when  not  needed,  4673 23 

trustees  in  graded  school  districts,  4746-4749 50-53 

township  school  districts,  4824 77 

vacancy  in,   how  filled,   4668,   4747,   4827 22  51   78 

what  to  occasion,  4667 '.'..'  '  22 

when  may  issue  bonds,  4718 ''  41 

to  exclude  public  meetings  from  schoolhouse,  4679 '..'.'.  26 

who  are  eligible  to  office  in,  4669.. 

to   constitute,   4671,   4746,   4824 "93  *n   77 

(See  District  Officers.) 
DISTRICT  LIBRARIES: 

(See  Libraries.) 
DISTRICT  MEETINGS: 

annual,  board  to  make  financial  report  to,  4677 25 

estimates  of  expenses  to  be  presented  to,  4686,  4834 29,  80 

in  case  of  failure,  what  board  to  determine,  4665,  4831 2l)  79 

powers   of,   4665,   4748 ;...                             20  21   52 

when  to  be  held,  4659,  4826 '  yf  73 

challenging  votes,    4663 '19 

clerk  and  chairman  may  be  appointed  in  absence  of  director  and  moderator, 

4665,   4826    20,  78 

director  to  give  notice  of,  4686 29 

disorderly  persons  at,  4664 19 

election  of  officers,  4666,  4746,  4824 22  50   77 

formation  of  a  new  district,  4647,  4823 '  13'  76 

limit  of  taxes  that  may  be  voted,  4665,  4831 , \\.\\  20'  79 

may  vote  on  issuance  of  bonds,  4717 '  40 

tax  to  pay  money  borrowed,  4719 , 41 

moderator  to  preside,  4685 28 

notice  of,  what  to  specify,  4660,  4661 • 18 

proceedings  to  be  recorded,  4686 29 

special,   may  ba  called,   4660 18 

notice   to   indicate   the   business,    4660 18 

to  determine  use  of  schoolhouse,  4679 26 

direct  sale  of  property,  4665 21 

fill  vacancy  in  district  office,  4668 22 

give  directions  regarding  suits,  4665 21 

voters  at,  when  challenged,   4663 19 

may  designate  site,  4728 ,'.,.  43 

who    are,    4662 18 

DISTRICT  OFFICERS: 

acceptance  of  office,  4670,  4747,  4825 23  51    77 

appointment   of,    4668,    4747,    4826 22,  51,  78 

compensation  of,   4665,   4686,   4837 20  29   80 

election  and  terms  of  office  of,  4666,  4746,  4824 22,  50,  77 

may  be  removed  by  township  board,  4772 59 

penalty  for  neglect  to  accept  or  perform  duties,  4766 57 

who  are  eligible  to  election  to  office,  4669 23 

(See  Assessor,  Director,  Moderator;  also  District  Board.) 
DISTRICT  SCHOOLS: 

(See  Schools.) 
DISTRICT  TAXES: 
(See  Taxes.) 
DISTURBING  DISTRICT  MEETING  OR  SCHOOL: 

penalty    for,    4664,    4682 .  19,27 

DIVISION  OF  DISTRICT: 

(See  School  Districts;  also  Township  Board  of  Inspectors.) 
DOG  TAX,  SURPLUS: 

apportionment  of,   to.  school  districts,  5601 92 

EDUCATION: 

constitutional   provisions,    art.   xiii,    sees.    1-12 7-9 

ELECTION: 

if  not  held,  inspectors  to  appoint  officers,  4668,  4747 22,  51 

of  district  officers,  4666,  4747,  4824 22,  51,  77 

members  of  county  boards  of  school  examiners.  4808 '. 68 

State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9 8 

school    inspectors,    2275,    2283 88,  89 

State  officers,  con.  prov.,  art.  viii,  sec.  1 7 

regulations  at  election  to  vote  on  issuance  of  bonds,  4717 40 

who  are  eligible  to  election  to  office,  4669 23 

legal   voters   at  elections.    4662 18 


134  INDEX. 


ELECTORS:  PAGE 

who  are  qualified,   4662 18 

ELIGIBILITY  TO  OFFICE: 

in  districts,  4669 23 

EMPLOYMENT: 

of  officers,  etc.,  4748 52 

persons   to   take   school  census,   4687 30 

teachers,   4678,   4748,   4793,   4830 25,  52,  63,  79 

ENGLISH  LANGUAGE: 

instruction  to  be  conducted  in,  con.  prov.,  art.  xiii,  sec.  4 8 

ENUMERATION  OF,  CHILDREN: 

(See  Census.) 
EQUALIZATION  OF  TAXES: 

by   supervisors,   4707 37 

ESTIMATES: 

of  amounts  to  be  raised  by  tax,  4674,  4686,  4831 24  29   79 

EVIDENCE: 

in  proceedings  to  obtain  site,  4729 43 

of  organization  of  district,  4651 14 

regularity  in  proceedings  to  remove  officers,  4772 59 

EXAMINATIONS: 

of  applicants  for  admission  to  Agricultural  College,  4821,  4822 75,  76 

State  certificates,  1826 96 

inspectors'  reports  by  county  commissioner,  4815 73 

proposed  site  by  jury,  4733 45 

teachers  by  county  board  of  examiners,  4811,  4812,  4820 69,  70,  75 

officers  in  certain  districts,  4820 75 

.State  Board  of  Education,  1826 96 

fees  to  be  collected,  4839 81 

meetings  for,  4S11 69 

questions  for  examination  of  teachers,  4812 70 

EXAMINERS: 

of  teachers  to  collect  fees,  4839 81 

to  pay  fees  to  county  treasurer,  4840 , 82 

(See  County  Board  of  School  Examiners.) 
EXECUTION: 

not  to  issue  against  school  district,  4723 42 

EXPENSES: 

estimates  of,  to  be  presented  at  annual  meeting,  4686,  4834 29,  80 

incidental,  estimated  by  board,  4674 24 

of  commissioner,  how  paid,  4817 74 

limited    4817  74 

director,  how  paid,  4686,  4748 29   52 

inspectors,    limited,    4697 34 

State  institute,   how  paid,   4845 83 

teachers'  institute,  4843 83 

vouchers  for,   where  filed,  4846 83 

FEES: 

collected  by  director  and  secretary,  4840 81 

to  be  paid  by  teacher  on  obtaining  certificate,  4839 81 

FEMALES: 

eligible  to  district  offices,  4669 23 

may  vote  at  school  district  meetings,  4662 18 

FINES: 

for  breach  of  penal  laws,  apportionment  of,  4762 56 

con.  prov.,  art.  xiii,  sec.  12 9 

damage  clone  to  library  books,  4755 55 

disturbing  district  meeting,  4664 19 

school,  4682 27 

giving  false  information  to  census  enumerator,  4688 30 

on  census  enumerator  for  making  false  returns,  4688 31 

(See  penalties.) 
FLAGS: 

purchase  of  United  States,  4802 65 

FORFEITURES: 

(See  penalties.) 
FORMATION: 

of  districts.    (See  School  Districts;  also  Township  Board  of  Inspectors.) 

teachers'  associations,  7730-7732 90 

FORM  OF  OATH: 

to  challenged  voter,  4663 19 

FORMS  FOR  PROCEEDINGS— (Appendix) : 

of  acceptance  of  office,  No.  5 110 

appointment  of  district  officer  by  district  board,  No.  14 114 

inspectors,  No.  15 115 

assessor's  bond,  No.  6 Ill 

bond  of  chairman  of  board  of  inspectors,  No.  13 114 

certificate  of  inspectors  on  establishing  site,  No.  17 115 

to  township  clerk  of  taxes,  No.  12 113 

supervisor  of  taxes,  No.  22 117 

contract  for  building  schoolhouse,  No.  25 119 

with  teacher,  No.  26 120 

deed  to  schoolhouse  site,  No.  23 118 

lease  to  school  district,  No.  24 119 


INDEX. 


FORMS  FOR  PROCEEDINGS— (Appendix.)— Continued:  PAGE 

notice  of  annual  meeting.  No.  7 Ill 

first  meeting  in  school  district,  No.  2 109 

meeting  of  inspectors,  No.  16 , 115 

special  meetings  in  district,  No.  9 112 

truancy,  to  parents  or  guardians  in  cities,  No.  29 122 

rural  districts,  No.  28 122 

to  director  of  alteration  in  district  No.  4 110 

moneys  apportioned  district.  No.  21 117 

inhabitant  of  formation  of  school  district,  No.  1 109 

parents  or  guardians  of  juvenile  disorderly  persons,  No.  31 123 

township  clerk  of  moneys  to  be  apportioned.  No.  19 116 

treasurer  of  apportionment,  No.  20 116 

truant  officer,  No.  30 122 

order  upon  assessor  for  payment,  No.  10 112 

request  of  voters  for  special  meeting,  No.  8 112 

return  of  notice  by  inhabitants  on  formation  of  district,  No.  3 110 

teachers'  register  of  school,  No.  27 121 

warrant  on  township  treasurer  for  district  moneys,  No.  11 113 

library  moneys,  No.  18 116 

FRACTIONAL  DISTRICTS: 

(See  School  Districts;  also,  Township  Board  of  Inspectors.) 
FREE  SCHOOLS: 

to  be  provided,  con.  prov.,  art.  xiii,  sec.  4,  4823 8  77 

FREE  TEXT-BOOKS: 

district  board  to  advertise  for  proposals  when  authorized  by  district,  4777 61 

estimate  amount  necessary  to  purchase,  4778 61 

incur  penalty  for  failure  to  comply  with  law,  4780 62 

make  conti  act  for  furnishing,  4777 61 

purchase  when  authorized,  4777. . .., 61 

to  vote  on  question  of  furnishing,  4776... 61 

refusal  to  purchase,  a  misdemeanor,  4780 62 

to  be  the  property  of  the  district,  4776  61 

when  director  to  purchase,  4779 62 

FUNDS: 

educational,  con,  prov.,  art.  xiii,  sees.  2,  3 7,8 

for  maintaining  day  schools  for  the  deaf,  sees.  3,  4 105 

of  association  for  establishing  loan  fund,  sec.  5 103 

library,  con,  prov.,  art.  xiii,  sec.  12 9 

teachers'  institute,  4840 81 

(See  Moneys.) 
•GRADED  SCHOOL  DISTRICTS: 

annual  meeting  of,  4659 17 

change  to  primary  district,  4751 54 

notice  of  intention  to  organize,  4746,  4750 50,  53 

not  limited  to  nine  sections  of  land,  4749 53 

officers  to  be  elected  by  trustees,  4747 .- 51 

publication  of  financial  statement  of,  4800 65 

trustees,  consent  of,  to  be  obtained  to  alteration  in  boundaries,  4749 53 

election  and  term  of  office,  4746,  4750 50,  53 

powers  and  duties  of,  4747,  4748 51,52 

two  or  more  contiguous  districts  may  organize,  4750 53 

(See  School  Districts.) 
GRADING: 

of  pupils  in  graded  school  districts,  4748 52 

not  prevented  in  any  district,  4683 28 

GRADES  OF  CERTIFICATES: 

to  teachers,  4813 71 

HIGH  SCHOOLS: 

may  be  established  in  certain  districts,  4748 52 

(See  Graded  School  Districts.) 
INCIDENTAL  EXPENSES: 

estimated  by  district  board,  4674 24 

INDEBTEDNESS: 

of  districts,  4717 40 

(See  bonds.)          ^ 
INDIANS: 

children  of,  when  not  included  in  census,  4687 30 

INHABITANTS,   TAXABLE: 

(See  Taxable  Inhabitant.) 
INSPECTION,  BOARD  OF: 

(See  Board  of  Inspection.) 
INSPECTORS,  BOAivJL)  OF  SCHOOL: 

(See  Township  Board  of  School  Inspectors.) 
INSTITUTE: 

(See  Teachers'  Institutes.) 
INSTITUTIONS: 

for  deaf,  dumb  and  blind,  con.  prov.,  art.  xiii,  sec.  10 9 

INSTRUCTION: 

Superintendent  of  Public  Instruction  to  have  supervision  of,  4639-. 

to  be  conducted  in  the  English  language,  con.  prov.,  art.  xiii,  sec.  4 8 

INSURANCE  MONEYS: 

how  used,  1828  97 


136  INDEX. 

INTEREST:  PAGE 

on  bonds  limited,  4718 41 

judgment  against  district,  4727 43 

money  lost  by  certain  officers,  4768,  4769 58 

State  funds,  apportionment  of,  by  State  Superintendent,  4642 11 

for  educational  purposes,  con.  prov.,  art.  xiii,  sees.  2,  3 7,8 

tax  may  be  voted  to  pay,  4719 41 

JOINT  MEETINGS: 

of  township  boards,  4743,  4838 49,  80 

school  inspectors,  4649  14 

JUDGE  OF  PROBATE: 

to  participate  in  filling  a  vacancy  in  office  of  member  of  board  of  examiners,  4808.  68 
JUDGMENTS: 

against  school  districts,  4721-4727 42,  43 

execution  not  to  issue  on,  4723 42 

in  proceedings  to  obtain  site,  4734 46 

taxes  to  pay,  4708 

JURISDICTION: 

in  actions  against  districts,  4721 42 

JURY: 

in  proceedings  to  obtain  site,  4729-4733 , 43.45 

JUVENILE  DISORDERLY  PERSONS: 

commitment  to   reformatory,   4853 86 

penalties  imposed  upon  parents  of,  in  certain  cases,  4849 85 

proceedings  in  case  of,  4852 86 

to  be  sent  to  ungraded  schools,  4850,  4851 85,  86 

who  constitute,  4851,  11765 86,  87 

KINDERGARTEN : 

act  to  apply  to  other  schools,  4795 63 

children  entitled  to  attend,  4794 63 

duty  of  district  board,  4792 f 63 

qualifications  of  teachers,  4793 63 

LAND: 

proceedings  to  obtain,  for  schoolhouse  site,  4729-4742 43-48 

when  not  taxed  for  building  schoolhouse,  4665 20 

LAWS: 

relative  to  schools  to  be  published  and  furnished  to  officers,  4641 11 

LAWS,  DOCUMENTS  AND  REPORTS: 

duty  of  commissioners  in  distributing,  sees.  32,  33 107 

county  clerk  in  distributing,  sees.  32,  33 107 

LEASE: 

of  a  schoolhouse  site,  4673 23 

LEGISLATURE: 

to  provide  for  agricultural  school,  con.  prov.,  art.  xiii,  sec.  11 9 

free  schools,  con.  prov.,  art.  xiii,  sec.  4 8 

libraries,  con.  prov.,  art.  xiii,  sec.  12 9 

LIABILITIES: 

assumed  by  township  district,  4835 80 

of  board  of  inspectors  for  neglect,  4768 58 

county  clerk  for  neglect,  4769 58 

district  officers,  to  removal,  4772 59 

parent  for  failure  to  send  child  to  school,  4849 85 

township  clerk  for  neglect,  4768 58 

supervisor  for  neglect,  4771 .' 59 

(See  Penalties.) 
LIBRARIAN: 

to  be  appointed,  4756 55 

LIBRARIES: 

books  to  be  purchased  for,  by  district  board,  4754,  4830 55,  79 

damages  to  books  in,  4755 55 

district  board  may  donate  or  sell  library  books  to  township,  4764 

fund  for,  apportionment  of,  4761,  4762 56 

expended  by  inspectors,  to  be  accounted  for  to  township  board,  4696 34 

forfeitures  of ,  4760  56 

inspectors  to  apply  for,  4754 55 

penal  fines  to  be  applied  to,  con.  prov.,  art.  xiii,  Hbc.  12 *. 9 

State  Superintendent  to  furnish  statement  of  townships,  etc.,  entitled 

to,  4761  56 

to  be  used  for  purchase  of  books,  4762 56 

warrant  on  township  treasurer  for,  4712 39 

when  not  to  be  forfeited,  4760 56 

librarian  of  township,  4756 55 

provisions  respecting,  4752-4764 54-57 

rules  for,  4641,  4755 11,  55 

school  officers,  etc.,  not  to  act  as  agents  for  books  for,  4773 60 

tax  for  support  of,  4763 57 

to  be  established,  con.  prov.,  art.  xiii,  sec.  12 9 

township  inspectors  to  report  statistics  of,  4759 56 

what  districts  may  establish,  4757 55 

where  kept,  4756 

LIMIT  OF  INDEBTEDNESS: 

(See  Bonds.) 
LIMIT  OF  TAXES: 

(See  Taxes.) 


INDEX.  137 


MANAGEMENT  OF  SCHOOLS:  PAGE 

(See  District  Board;  also  Regulations.) 
MAPS: 

of  township  showing  boundaries  of  districts.  4700 35 

MEETINGS: 

for  election  of  school  examiners,  4808 68 

examination  of  teachers,  4811,  4812 69,  70 

joint,  of  school  inspectors,  4649,  4838 14,80 

of  board  of  education,  4826 78 

inspectors,  4697 34 

township  boards,  4743 49 

when  schoolhouse  used  for  public,  4679 26 

(See  District  Meetings.) 
MEMBERS: 

of  board  of  trustees,  4746,  4824 50,  77 

county  school  examiners,  4808 68 

district  boards,  4671 23 

State  Board  of  Education,  con.  prov.,  art.  xiil,  sec.  9 8 

township  board  of  school  inspectors,  4692,  2275 33,  88 

MODERATOR: 

acceptance  of  office  by,  4670 23 

a  member  of  district  board,  4671 23 

and  assessor  to  audit  and  pay  directors'  accounts,  4685 28 

director  to  approve  bond  of  assessor,  4691 31 

appointment  of,  4668  22 

pro  tern.,  at  district  meetings,  4665,  4826 20,  78 

election  and  term  of  office,  4666,  4747 22,  51 

may  be  removed  by  township  board,  4772 59 

penalty  for  neglect  to  accept  office  or  perform  duties,  4766 57 

to  bring  suit  on  assessor's  bond,  4685 28 

countersign  warrants  and  orders,  4685 28 

give  oath  to  challenged  voter,  4663 „ 19 

preside  and  preserve  order  at  district  meetings,  4685 28 

(See  District  Board.) 
MONEYS: 

accrued  from  one-mill  tax,  how  used,  4705 36 

apportionment  by  State  Superintendent,   4642-4644 11,12 

to  districts  by  township  clerk,  4702,  4703,  4831 35,  79 

board  to  apply  according  to  law,  4676 24 

report  to  annual  meeting  receipts  and  disbursements,  4677,  4834 25,  80 

collected  on  account  of  neglect  of  officers,  4770 58 

assessor's  bond,  how  applied,  4691 32 

bond  of  chairman  of  board  of  inspectors,  how  applied,  4693 33 

county  treasurer  to  apply  for  and  pay,  4716 39 

apportion  library  moneys,  4761 56 

districts  entitled  to  receive,  4665,  4695,  4705 20,  34,  36 

duties  of  township  treasurer  in  collecting.  4704,  4708,  4713 36,  38,  39 

paying,  4711,  4713,  4830 38,  3§,  79 

for  payment  for  site  deposited  with  county  treasurer,  4735,  4740 46,  48 

insurance,  disposition  of,  1828 97 

library,  apportionment  of,  .4762 56 

derived  from  penal  fines,  con.  prov.,  art.  xiii,  sec.  12 9 

forfeiture  of,  4760 56 

inspectors  to  apply  for,  4754 55 

to  be  used  for  the  purchase  of  books,  4762 57 

treasurer  of  board  in  township  district  apply  for,  4830 79 

limitations  as  to  borrowing  of,  4717 40 

may  be  borrowed  in  certain  cases,  4674 24 

not  to  be  apportioned  to  districts  employing  unqualified  teachers,  4695 34 

diverted  except  by  a  two-thirds  vote,  4676 24 

paid  to  teacher  not  having  certificate,  4676 24 

used  for  sectarian  schools,  4676 24 

of  a  district,  when  divided  to  be  apportioned,  4657,  4658,  4838 16,  17,  80 

officer  making  illegal  use  of,  to  be  removed,  4772 '  59 

orders  for,  4686 29 

paid  by  old  to  new  districts,  how  applied,  4706 1 ...  37 

pay  for  site,  when  deposited  with  county  treasurer,  4735 46 

payment  of,  to  fractional  districts,  4713 39 

primary  school  interest  fund,  apportionment  of,  4642,  4644,  4702,  4716 11,12,35,39 

districts  entitled  to  receive,  4665,  4695 21,34 

how  constituted,  con.  prov.,  art.  xiii,  sees.  2,  3 7,  8 

to  be  used  only  for  teachers'  wages,  4676 24 

when  withheld  from  districts,  con.  prov.,  art.  xiii, 

sec.  5  8 

public  moneys,  defined,  1197 90 

how  to  be  used,  1199 : 91 

interest  on,  1200 91 

no  consideration  to  be  received  by  officer  for  deposit  of,  1201 91 

penalty  for  illegal  payment  of,  1204 91 

not  to  exempt  from  prosecution  under  general  law,  1203.  91 

to  be  kept  separate  from  all  other  funds,  1198,  sec.  4 91,  105 

raised  by  tax,  how  apportioned,  4703 35 

18 


INDEX. 


MONEYS— Continued:  PACK 

report  of  receipts  and  disbursements  of,  by  assessor,  4691 , i4 32 

district  board,  4677,  4834 25,  80 

inspectors,  4696 34 

school  moneys  to  be  paid  next  to  township  expenses,  4711 38 

surplus  of,  may  be  appropriated  to  certain  objects,  4665... 

(See  faxes.) 
MONTH,  SCHOOL: 

of  what  to  consist,  4678 oc 

NAME: 

and  style  of  school  district,  4652 -tr. 

NEGLECT: 

of  county  clerk  to  transmit  reports,  4769 ro 

district  officers,  4766,  4801 57  «t 

inspectors  in  not  reporting,  4768 \'m\  '  58 

parent  or  gtiardian  to  Send  child  to  school,  4849 [. 

supervisor  and  township  clerk  in  regard  to  taxes,  4771 .,  53 

taxable  inhabitant  to  serve  and  return  notice,  4765 

township  clerk  to  transmit  report,  4768 co 

NON-RESIDENT: 

pupils,  admission  of,  4684 28 

when  may  be  attached  to  district,  4655 

NORMAL  SCHOOL: 

(See  State  Normal  School.) 
NORMAL  SCHOOL  FUND: 

origin  of,  1823 95 

who  to  have  care  of,  1824... 
NORTHERN  STATE  NORMAL: 

an  act  to  establish,  sees.  1-6 100  101 

NOTICE: 

by  county  treasurer  of  moneys  apportioned,  4716 40 

State  Superintendent  of  apportionment,  4642.  4761 11,  56 

supervisor  to  treasurer  of  taxes  assessed,  4707-4709 37,  38 

township  board  of  proceedings  to  remove  from  office,  4772 59 

clerk  to  supervisor  of  taxes,  4701,  4831 35,  79 

on  failure  of  new  district  to  organize,  4648 13 

treasurer  of  moneys  in  his  hands,  4712,  4833 39,  80 

in  proceedings  to  obtain  site,  4731 '  44 

of  apportionment  of  moneys  to  districts,  4703 , 36 

district  meetings,  4661 18 

first  meeting  of  a  new  district,  4647,  4823 13,  75 

formation  of  teachers'  association,  7730 90 

intention  to  vote  on  borrowing  money,  4720 41 

meeting  for  examination  of  teachers,  4811 69 

of  inspectors,  4653  15 

to  form  fractional  districts,  4649 14 

to  organize  as  a  graded  school  district,  4746 50 

meetings  to  be  given  by  director,  4686 29 

special  meetings  to  indicate  business,  4660 18 

to  directors  of  moneys  to  be  apportioned,  4703 36 

parent  or  guardian  that  child  does  not  attend  school,  4849 85 

taxable  inhabitant  on  formation  of  district,  4647 13 

teacher  of  intention  to  revoke  certificate,  4S14... 
OATH: 

by  challenged  voter  at  district  meetings,  4663 19 

if    false,  deemed  perjury,  4663 19 

of  deputy  superintendent  of  public  instruction,  4640 11 

of  juror  in  proceedings  to  obtain  site,  4733 45 

members  of  board  of  school  examiners,  4808,  4809 68,  69 

to  be  made  to  correctness  of  census  list,  4687 30 

OFFICE: 

acceptance  of,  to  be  filed,  4871,  4747,  4825 23,  51,  77 

removal  from,  4772  59 

term  of,  district  officers,  4666,  4746,  4824 22,  51,  77 

inspectors,  2283  89 

members  of  board  of  school  examiners,  4808 68 

State  board  of  education,  con.  prov.,  art.  xiii,  sec.  9 

library  commissioners,  sec.  1 104 

Regents  of  the  University,  con.  prov.,  art.  xiii,  sec  6 

State  officers,  con.  prov.,  art.  xiii,  sec.  1 

trustees  of  association  for  establishing  loan-funds,  sec.  4 102 

OFFICERS: 

(See  names  of  the  several  offices.) 
OFFICIAL  BONDS: 

of  assessors,  4691  

chairman  of  board  of  inspectors,  4693,  4826 33,  78 

county  commissioner  of  schools,  4808,  4809 68,  69 

ONE-MILL  TAX: 

assessment,  collection  and  disposition  of,  4705 

how  surplus  may  be  applied,  4665 

(See  Taxes.) 
ORDERS: 

of  inspectors  upon  township  treasurer,  4754,  4830 55,  79 


INDEX.  139 


ORDERS— Con ,Uwit<l:  PAC;K 

on  assessor,  to  be  countersigned  by  moderator,  4685 28 

drawn  and  signed  by  director,  4686 29 

to  be  paid  from  proper  funds,  4691 31 

(See  Warrants;  also  Moneys.) 
ORGANIZATION: 

of  a  new  district,  4646-4651 12-14 

graded  school  district,  4746-4751 50-54 

township  district,  4823-4838 76-81 

(See  School  Districts;  also,  Township  Board  of  Inspectors.) 
PARENTS  AND  GUARDIANS: 

entitled  to  vote,  4662 18 

liability  for  not  sending  children  to  school,  4849 85 

proceedings  against,  for  failure  to  send  children  to  school,  4852 86 

required  to  send  children  to  school,  4847 84 

to  be  notified  by  truant  officers,  4849 , 85 

PENALTIES  AND  FORFEITURES: 

for  damages  to  library  books,  4755 ;..  55 

illegal  payment  of  public  moneys,  1204 91 

neglect  to  teach  prevention  of  diseases,  4797 64 

not  purchasing  U.  S.  flag,  4802 65 

moneys  collected  for,  how  applied,  4770 58 

on  census  enumerator  for  making  false  returns,  4688 31 

county  clerk  for  not  transmitting  reports,  4769 58 

district  for  not  maintaining  certain  length  of  school,  4665,  4705,  4830 21,  36,  79 

three  months'  school,  con.  prov.,  art.  xiii,  sec.  5.. 

officers  for  neglect  to  accept  office  or  perform  duties,  4766 57 

not  publishing  financial  statement,  4801 65 

inspectors  for  not  qualifying  or  neglecting  duties,  4767 58 

reporting,  4767  

parent  or  guardian  failing  to  send  child  to  school,  4849 85 

for  giving  false  information  to  census  enumerator,  4688..  30 

supervisor  and  clerk  for  neglect  in  regard  to  taxes,  4771 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district,  4765 57 

township  clerk,  for  neglect  in  transmitting  reports,  4768 

township  board  to  remove  certain  officers,  4772 59 

PERJURY: 

false  oath  deemed,  4663 19 

PHYSIOLOGY  AND  HYGIENE: 

director  to  file  copy  of  teachers'  certificate  of  instruction  with  township  clerk, 

4680 27 

penalty  for  failure  of  district  board  to  comply  with  statute,  4680 27 

teacher  to  certify  whether  instruction  has  been  given  in.  4680 27 

text-books  to  be  adopted  by  district  board,  4680 26 

approved  by  State  Board  of  Education,  4680,  4775,  1827 26,  60,  97 

to  be  taught  by  all  public  schools  in  the  State,  4680 26 

POLL-LIST: 

to  be  kept  when  voting  on  issuance  of  bonds.  4717 40 

POOR  CHILDREN: 

to  be  furnished  with  text-books,  4681 27 

PRESIDENT: 

of  University,  con.  prov.,  art.  xiii,  sec.  8 8 

PRIMARY  SCHOOLS: 
(See  Schools.) 
PRIMARY  SCHOOL  INTEREST  FUND: 

apportionment  of,  4642 11 

when  deficiencies  may  be  paid,  4644 12 

reports  are  defective,  4643 11 

to  districts,  4702,  4830 35,79 

constitutional  provisions  respecting,  art,  xiii,  sees.  2,  3 7,8 

county  clerk's  duties  In  relation  to  apportionment  of.  4715 39 

treasurer's  duties  in  relation  to  apportionment  of,  4716 39 

school  to  be  maintained  certain  time  to  secure,  4665 21 

three  months  to  secure,  con.  prov.,  art    xiii,  sec.  5 8 

to  be  used  only  for  teachers'  wages,  4676...  24 
PROCEEDINGS: 

against  school  districts,  4721-4727 42,  43 

for  removal  of  officers,  4772 59 

in  case  of  incumbrances,  4739 48 

to  obtain  site  for  schoolhouse,  4728-4742 43-4S 

upon  appeal  from  action  of  inspectors  to  township  board,  4743-4745 49.  50 

PROPERTY:  

of  district,  care  and  preservation  of,  4679,  4748 26,  52 

disposition  of,  in  forming  township  districts,  4835 80 

sale  of,  may  be  directed  by  voters.  4665 21 

when  may  be  by  inspectors,  4657 16 

when  district  is  divided,  to  be  apportioned,  4657,  4658 16,  17 

township  is  divided,  to  be  apportioned,  4838 80 

teachers'  associations,  7731  90 

PROSECUTION: 

(See  Actions,  Proceedings;  also  Suits.) 
PUBLIC  INSTRUCTION: 

(See  Superintendent  of  Public  Instruction.) 


140  INDEX. 


PUBLIC  MEETINGS:  PAG* 

when  may  be  admitted  to  schoolhouse,  4679 26 

PUBLIC  MONEYS: 

(See  Moneys.) 
PUBLICATION: 

of  financial  statement  by  school  board,  4800 65 

PURCHASE: 

of  apparatus  and  appendages  to  schoolhouse,  4686 29 

books  for  library,  4754 55 

poor  children,  4681  27 

records  of  district,  4672 23 

school  site  for  schoolhouse,  4673,  4830 23,  7J 

PUPILS: 

admission  of,  to  schools,  4683,  4684,  4748,  4794 28,52,63 

Normal  school,  1819  94 

classification,   4683,   4748   28,52 

tuition  of  non-resident,  4684 28 

when  may  be  suspended  or  expelled,  4682..'. 27 

who  may  be,  4683 28 

QUALIFICATIONS : 

of  voters  at  district  meetings,  4662 18 

QUESTIONS: 

for  examination  of  teachers,  4812 71 

RECORD: 

director  to  keep,  of  proceedings,  4647,  4686 13,  29 

of  acceptance  of  office,  4670 23 

board  of  school  examiners,  4815 72 

certificates  to  teachers,  4815 72 

consent  of  trustees  to  alter  graded  school  district,  4749 53 

director  to  be  evidence  of  organization  of  district,  4651 14 

inspectors,  to  be  kept  in  office  of  township  clerk,  4698,  4828 34,  79 

proceedings  of  district  meetings,  4672 23 

pupils  to  be  kept  by  teacher,  4678 * 25 

removals  from  office,  4772 59 

report  of  taxes  to  annual  meeting,  4677,  4834 ,  25  80 

REGENTS: 

of  the  University,  con.  prov.,  art.  xiii.  sees.  6,  7 g 

REGISTER: 

of  school  to  be  kept  by  teacher,  4678 25 

REGULATIONS: 

.at  election  to  vote  on  issuance  of  bonds,  4717 •...  40 

for  government  of  schools,  4682,  4830 27  79 

libraries,  4755  

REMOVAL: 

from  district  to  vacate  office,  4667 22 

of  house  from  leased  site,  4673 23 

officers  by  township  board,  4772 59 

in  graded  school  districts,  4747 

REPAIRS: 

(See  Schoolhouses.) 
REPORT: 

liability  of  officers  for  failing  to  report,  4768,  4769  58 

of  academies,  etc.,  4803 65 

board  to  annual  meeting,  4677,  4834 25,  80 

chairman  of  board  of  school  inspectors,  4816 73 

county  commissioner  of  schools,  4815 73 

director,  how  treated  if  false,  4695 31 

to  inspectors,  4689 34 

whom  made  in  fractional  districts,  4690 31 

where  filed,  4698  34 

inspectors,  county  clerks'  duties  in  relation  to,  4715 39 

to  county  clerks,  4694,  4759,  4829 33,  55,  79 

township  board  of  finances,  4696,  4834 34,  go 

State  board  of  education,  1821 95 

Superintendent  of  Public  Instruction,  4639 10 

publication   and   distribution   of   sees.   11 

32,   33   106,  107 

supervisor  to  township  treasurer  of  taxes,  assessed,  4708  38 

township  clerk,  of  taxes,  4701,  4831 35,  79 

to  treasurer  and  directors  of  moneys,  4702,  4703...  35 
REQUEST: 

to  call  special  meetings,  4660,  4828 18  73 

RESIDENTS: 

ceasing  to  be,  vacates  office,  4667 22 

exceptions  of,  in  school  census,  4687 30 

notified  of  first  meeting  in  a  new  district,  4647 13 

petition  for  organization  of  new  district,  change  from,  4823 

qualifications  of,  to  vote  at  district  meetings,  4662 4 18 

rights  of,  to  attend  school,  4683 28 

RETURN: 

of  notice  of  first  meeting  on  organization  of  district,  4647 13 

REVOCATION  OF  TEACHERS'  CERTIFICATE: 

by  board  of  school  examiners,  4814 '. 72 

State  Board  of  Education,  1817,  1818,  1826 '...  94,96 


INDEX.  141 


RULES:  PAGE 

(See  Regulations.) 
SALE  OF  PROPERTY: 

directed  by  district,  4665 20 

when  by  district  board,  4673 23 

inspectors,  4657 16 

SCHOLARS: 

(See  Pupils.) 
SCHOOL: 

admisssion  of  non-resident  pupils  to,  4684 28 

resident  pupils  to,  4683 28 

agricultural,  to  be  provided  for,  con.  prov.,  art.  xiii,  sec.  11 9 

board  to  establish  regulations  for,  4682,  4830 27,  79 

prescribe  text-books,  4680 26 

provide  for  minimum  length  of  time  of,  4665,  4830 21,  79 

examination  of,  4815 73 

may  be  graded,  4683,  4748 28,  52 

not  to  be  sectarian,  4676 24 

separated  on  account  of  race,  4683 28 

penalty  for  disturbing,  4682 27 

register  of,  to  be  kept  by  teachers,  4678 25 

statistics  of,  to  be  reported  by  director,  4689 31 

support  of,  taxes  to  be  estimated  and  voted  by  board,  4674,  4831 24,  79 

suspension  or  expulsion  of  pupils  from,  4682 27 

time  necessary  to  be  maintained,  4665,  4705,  4830 ......21,  36,  79 

to  be  free,  con.  prov.,  art.  xiii,  sec.  4,  4823 gf  77 

maintained  at  least  three  months,  con.  prov.,  art.  xiii,  sec.  5 8 

training,  in  connection  with  State  Normal,  1816 93 

ungraded,  to  be  established  in  certain  cases,  4850 & 

visitation  and  examination  of,   4815 

SCHOOL  BOARD: 

(See  District  Board.) 
SCHOOL  BOOKS: 

(See  Text-books.) 
SCHOOL  CENSUS: 

time  of  taking,  not  to  be  changed,  4659 17 

when  and  how  taken,  4687 30 

SCHOOL  DISTRICTS: 

alterations  in,  to  be  reported  to  director,  4656 16 

when  consent  of  taxpayers  to  be  obtained,  4654 15 

annual  report  of,  4677,  4834 25,80 

appeal  from  inspector's  action  in  forming,  dividing,  or  consolidating  of,  4743-4745..  49,  50 

change  from  primary  to  graded,  4751 54 

corporate  powers  of,  4652 14 

division  of  property  in  forming  new  from  old,  4657 16 

formation  of,  4646-4651  12-14 

fractional,  formation  of,  4649 14 

judgments  against,  4726  42 

levying  and  collecting  taxes  in,  4707 37 

graded  school  districts,  4746-4751 50-54 

maps  showing  boundaries  to  be  made,  4700 35 

may  borrow  money  in  certain  cases,  4674 24 

to  pay  indebtedness,  4720 41 

vote  to  pay  money  borrowed,  4720 41 

meetings  of,  4659-4665,  4826 17-21,  78 

moneys  to  be  apportioned  to,  4702,  4703 35 

when  paid  by  old  to  new,  4706 37 

name  and  style  of,  4652 15 

suits  and  judgments,  4721-4727 42,  43 

to  be  numbered  by  inspectors,  4646 12 

contain  no  more  than  nine  sections  of  land,  4646 12 

not  receive  mpneys  when  employing  unqualified  teachers,  4695 34 

township  organization  of,  4823-4838 76-81 

what  districts  may  organize  as  graded,  4746,  4750 .• 50,  53 

when  deemed  legally  organized,  4650 14 

persons  outside  may  be  attached,  4655 16 

who  to  appear  in  suits  for  or  against,  4691 32 

(See  District  Meetings;  also  Voters.) 
SCHOOL  EXAMINERS: 

(See  County  Board  of  School  Examiners.) 
SCHOOL  FUNDS: 

(See  Moneys.) 
SCHOOLHOUSES: 

appendages  to,  district  to  vote  tax  for,  4665 20 

director  to  provide,  4686 29 

•board  to  procure,  4673,  4830 23,  79 

bonds  may  be  issued  to  build,  4717 40 

building  committee  may  be  appointed  to  supervise  building  of,  4665 21 

district  to  direct  the  procuring  of,  4665 20 

limitation  of  indebtedness  to  build,  4717 40 

repairs  to,  4665  20 

site  for,  to  be  purchased  or  leased,  4665,  4673,  4830 20,  23,  79 


142  INDEX. 


SCHOOLHOUSES— Continued:  PAGE 

tax  for  building,  limited,  4665,  4831 20.  79 

repairing,  limited,  4665. 

to  be  in  care  of  district  board,  4679 

when  certain  persons  not  liable  to  tax  for  building,  4655 16 

land  not  taxed  for  building,  4665 20 

not  needed  may  be  sold,  4657.  4665,  4673 16,  21,  23 

opened  or  closed  to  public  meetings,  4679 26 

SCHOOLHOUSE  SITES: 

(See  Sites  for  Schoolhouses.) 
SHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 
SCHOOL  LAWS: 

to  be  published,  4641 11 

SCHOOL  MONEYS: 

(See  Moneys.) 
SCHOOL  MONTH: 

of  what  to  consist,  4678 25 

SCHOOL  PROPERTY: 

(See  Property.) 
SCHOOL  TAXES: 

(See  Taxes.) 
SCHOOL  TEACHERS: 

(See  Teachers.) 
SCHOOL  YEAR: 

when  to  commence,  4659 17 

SECTARIAN  SCHOOLS: 

not  to  receive  public  moneys,  4676 24 

SHERIFF: 

to  remove  respondent  from  school  property,  4737 47 

SITES  FOR  SCHOOLHOUSES: 

board  to  purchase  or  lease,  4673,  4830 23,  79 

claims  against  settled  by  circuit  judge,  4739 48 

compensation  for,  how  determined  in  certain  cases,  4733 45 

how  designated,  4728  43 

issuance  o'f  bonds  for  purchase  of,  4717 40 

lease  or  purchase  of,  4665,  4673,  4830 20,  23,  79 

notice  of  meeting  to  change,  4661 18 

proceedings  to  obtain,  4728-4742 43-48 

to  be  selected  by  a  two-thirds  vote,  4728 43 

voters  to  direct  the  procuring  of,  466o 20 

when  not  needed  may  be  sold,  4657,  4673 16,  23 

SPECIAL  MEETINGS: 

(See  District  Meetings.) 
STATE  BOARD  OF  EDUCATION: 

a  body  politic,  1812 92 

constitutional  provision  for,  art.  xiii,  sec.  9 

make  report  to  legislature,  1821 95 

may  refuse  to  accept  diplomas  from  certain  colleges,  4807 67 

member  of,  not  to  act  as  agent,  1815 93 

powers  and  duties,  1812-1833,  sees.  1-6 92-101 

in  regard  to  Central  Michigan  Normal  School,  1829-1831 97,  98 

Northern  State  Normal,  sees.  1-6 100,101 

State  Normal  School,  1814-1822 93-95 

to  grant  certificates  to  graduates  of  colleges,  4805 66 

for  elementary  and  rural  schools,  1833 99 

diplomas  to  graduates  of  State  Normal  School,  1817,  1818,  1833 94,  99 

State  certificates  to  teachers,  1826 96 

STATE  BOARD  OF  HEALTH: 

furnish  data  regarding  communicable  diseases,  4796 64 

STATE   BOARD  OF  LIBRARY   COMMISSIONERS: 

appointment  and  term  of  office  of  members,  sec.  1 104 

duties  of,  sec.  2 104 

libraries,  in  regard  to  sec.  3 104 

expenses  of,  limited,  sec.  4 

fund  for  use  of,  sec.  5 105 

report  of,  sec.  2 104 

vacancies  in,  how  filled,  sec.  vl 104 

who  to  constitute,  sec.  1 , 104 

STATE  CERTIFICATES: 

when  granted  by  State  Board  of  Education,  1826 96 

to  graduates  of  certain  colleges,  4805 66 

State  Normal  School,  1817,  1818,  1833 94,  99 

STATE  INSTITUTIONS  OF  EDUCATIONAL  CHARACTER: 

to  be  under  supervision  of  State  Superintendent,  4639 10 

STATE  NORMAL  SCHOOL: 

an  act  to  change  name,  sec.  1 100 

diplomas  and  certificates  to  graduates  of,  1817,  1818,  1833 94,  99 

professional  instruction  in,  1S14 93 

to  be  under  care  of  State  Board  of  Education,  con.  prov.,  article  xiii,  sec.  9 9 

training  school  in,  1816 93 

STATE  OFFICERS: 

election  and  term  of  office  of,  etc.,  con.  prov.,  art.  viii,  sees.  1-3 7 


INDEX. 


STATE  TEACHERS'  INSTITUTE:  PA':J 

expenses  of,  how  paid,  4845  .................................................................. 

to  be  held  annually,  4845  .................................................................... 

STATEMENT: 

(See  Notices;  also  Reports.) 
STATE  UNIVERSITY: 

diplomas  and  certificates  to  graduates,  4804  .............................................. 

STUDIES:  „ 

to  be  prescribed,  4680  ...............................................................  '•  ......... 


and'  judgments  against  districts,  4721-4727  ................................................     42,  43 

assessor  to  appear  for  district,  4691  ....................................................... 

directions  given  by  meeting  in  regard  to,  4665  ............................................ 

for  collection  of  penalties  etc.,  4769,  4772  ..................................................     58,  59 

jurisdiction  of  justices  in,  4721  ..................  ......  ....  .................................. 

may  be  brought  for  or  against  school  districts,  46o2  .................................. 

not  brought  to  collect  judgment,  4723  ...................................................... 

on  assessors'  bond,  4691  ........  .  ............................................................. 

bond  of  chairman  of  board  of  inspectors,  4693  ........................................ 

summons  in,  served  on  assessor,  4722  ...........  .  .  ......................................... 

when  moderator  may  appear  in  for  district,  4691  ......................................... 

(See  Action,  Judgments;  also  Proceedings.) 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

duties  of,  con.  prov.,  art.  xiii,  sec.  1  ........  .............................................. 

relative  to  apportionment  of  primary  school  moneys,  4642,  4644  .........     11,12 

election  and  term  of  office  of,  con.  prov.,  art.  viii,  sees..  1,  2  ...........  ..............  7 

may  appoint  conductors  of  teachers'  institutes,  4842  ................................... 

to  appoint  a  deputy,  4640  ..........................................................  .........  .          11 

be  a  member  and  secretary  of  State  Board  of  Education,  con.  prov.,  art.  xiii, 
sec.  9  ................................................................................  ....  9 

deliver  official  books,  etc.,  to  successor,  4645  ......................................... 

draw  on  State  treasurer  for  expenses  of  State  teachers'  institute,  4845  ........ 

have  general  supervision  of  public  instruction,  4639  ................................          10 

hold  county  teachers'  institutes  annually,  4841  .......................................          82 

make  annual  reports  to  legislature,  4639  ...............................................          10 

prepare  questions  for  examination  of  teachers,  4812  ......  .  .........................          71 

prescribe  forms  of  teachers'  certificates,  4812  .......................................          70 

rules  for  boards  of  school  examiners,  4813  ....................          71 

publication  and  distribution  of  report,  sees.  11,  32,  33  .......  106,  107 

publish  and  transmit  laws  and  forms  to  officers,  4641  ..............................          11 

receive  report  from  all  incorporated  academies.  4803  ..............................          65 

send  examination  questions  to  examining  officers,  4812  ............................  71 

visit  State  institutions,  etc.,  4689  ......................................................  10 

vacancy  in  office,  how  filled,  con.  prov.,  art.  viii,  sec.  3  ...............................  7 

when  may  draw  on  State  Treasurer  for  aid  to  teachers'  institutes,  4844  ...........  83 

where  office  shall  be  kept,  con.  prov.,  art.  viii,  sec.  1  ..................................  7 

SUPERVISION  OF  SCHOOLS: 

(See  County  Board  of  School  Examiners;  also  Chairman  of  Board  of  In- 

spectors.) 
SUPERVISOR: 

certiiying  and  levying  of  taxes  in  fractional  districts,  4707  ............................       37 

equalization  of  taxes,   4707  ..................................................................  37 

liable  ?or  not  assessing  taxes,  4771  ..........................................................          59 

map  of  township  to  be  filed  with.  4700  .....................................................  35 

to  assess  judgment  against  school  district,  4727  ..........................................          43 

one  mill  tax,  4705  .................................................................  36 

school  taxes,  4704,  4831  ............................................................     36,  79 

deliver  warrant  for  collection  of  taxes  to  township  treasurer,  4708  ..............  38 

township  clerk  to  certify  taxes  to,  4701,  4831  ...................................  .  .........     35,  79 

(See  Taxes.) 
SURPLUS  OF  DOG  TAX: 

how  apportioned,  5601  ................................  92 

SURPLUS  OF  SCHOOL  MONEY: 

how  may  be  appropriated,  4665  ...............  21 

SUSPENSION: 

of  pupils  from  school,  4682  ..................................................................  27 

teachers'  certificates,  4814  ..............................................................          72 

TAXABLE  INHABITANTS: 

duties  in  relation  to  formation  of  district,  4647  .........................................  13 

penalty  for  neglect  of  duty,  4765  ..........................................................  57 

TAXES: 

apportionment  of  surplus  dog  tax,  5601  ..................................................  92 

when  district  is  divided,  4710,  4838  ..................................     38,  80 

assessed  upon  division  of  district,  4701  ...................................................  35 

assessment  of,  4704,  4705,  4836  ...............................................................     36,  80 

certifying  of,  in  fractional  district,  4707  ..................................................  37 

duties  of  township  treasurer  relative  to  collection  of,  4704,  4709  ......................     36,  38 

equalization    of,    4707  .........................................................................  37 

estimated  and  reported  by  district  board,  4674,  4831  ......  .............................     24,79 

failing  to  be  assessed,  to  be  levied  the  next  year,  4704  ...............................  36 

for  apparatus  and  appendages  to  schoolhouse,  4665  ....................................  20 

books  for  indigent  children,  4681  ......................................................  27 

building  schoolhouse  or  purchase  of  site,  4665  ...............................  20 


144  INDEX, 


TAXES—  Continued:  PAGE 

Incidental  expenses,  4674   ..............................................................          24 

judgment  against  district,  4727  ........................................................          43 

libraries,   4763   ..........................................................................          67 

repairs  to   schoolhouse,  4665  .............................  •  ..............................          20 

school  purposes  to  be  paid  next  to  township  expenses,  4711  .....................  38 

State  expenses,  con.  prov.,  art.  xiv,  sec.  1  ..........................................  9 

in  township  before  any  school  is  maintained,  4705  ....................................          36 

limit  of,  for  certain  purposes,  4665,  4831  ..................................................     20,  79 

support  of  the  school,  4674  .................................................          24 

moneys  raised  by,  not  to  be  diverted,  4676  .............................................          24 

non-tax-payers  not  to  vote  on  questions  involving  taxation,  4662  ...................          18 

one-mill,  assessment,  collection  and  disposition  of.  4705  ...............................          36 

how  surplus  may  be  applied,  4665  ..............................................          21 

on  old  district  for  new,  4706  ................................................................  37 

report  of,  by  board  to  township  clerk,  4675  ..............................................          24 

township  clerk  to  supervisor,  4701,   4831  .................................     35,79 

school,   in  separate   column,   4832  ..........................................................          80 

specific,  con.  prov.,  art.  xiv,  sec.  1  .........................................................  9 

supervisor  to  assess,  4704,  4705,  4831  ........................................................     36,  79 

liability  of,  for  not  assessing,  4771  ...........................................  59 

to  pay  money  borrowed,  4719  .............................................................. 

township  treasurer  to  pay  to  other  treasurer,  4713,  4833  ..............................     39,80 

warrant   for   collection    of,   4708  ............................................................ 

what  land  exempt  from,  for  building  schoolhouse,  4665  ................................ 

when  collected,  how  apportioned,  4703  .................................................... 

reported   to    supervisor,    4701,  4831  ...................................................     35,  79 

who  may  vote  on  questions  involving  taxation,  4662  ..................................          18 

(See  Moneys;  also  Supervisor.) 
TEACHERS: 
certificates,  fees  to  be  paid  on  obtaining,  4839  ............................................ 

given  by  county  board  of  school  examiners,  4812  ........................  70 

faculty  of  University,  4804  ........................................  66 

State  Board  of  Education,  1826  ..................................          96 

graduates    of    certain    colleges, 

4805-4807    .........................     66,  67 

Normal  School,   1817,  1818,   1833  ............................     94,  99 

grades  of,  and  qualifications  necessary  to  obtain,  4813  ..................          71 

necessity  of  having,  to  entitle  teacher  to  pay,  4676  .......................          24 

record  of,   to  be  kept,  4815  ...................................................          72 

revocation  or  suspension  of,  4804,  4814,  1817,  1818,  1826  .................  66,  72,  94,  96 

close  school  to  attend  institute,  4842  ____  .................................................          82 

contracts  with,   4678,  4748  ....................................................................     25,  52 

employment  of,  4678,  4748,  4830  .............................................................  25,  52,  79 

in  day  schools  for  the  deaf,  sec.  5  ....................................         106 

examination  of,  by  county  board  of  examiners,  4811,  4812  ..............................     69,  70 

State  Board  of  Education,  1826  ....................................          96 

give  instruction  regarding  prevention  of  communicable  diseases,  4796  .............  64 

list  of,  to  be  furnished  township  clerk,  4815  ............................................      .     73 

examined    by    inspectors,    4695  ............................................          34 

not  to  act  as  agent  for  school  books  and  furniture,  4773  .............................          60 

apply  in  certain  districts,  4774  .....................................................  60 

public  money  not  to  be  paid  to,  without  holding  certificates,  4676  .................. 

qualifications   of,   4793  ........................................................................ 

to  be  furnished  with  copy  of  contract,  4678  ..............  »  .............................. 

file  certificate  of  instruction  in  physiology,  etc.,  with  director,  4680  ............ 

keep   school   register,   4678  ...............................................................  25 

TEACHERS'   ASSOCIATIONS: 

formation  and  incorporation  of,   7730-7732  ................................................  90 

TEACHERS'  INSTITUTES: 

aid  from  State  Treasurer  to,  4844  ......................................................... 

annual  institute  in  each  county,  4841  ........................  ..  ............................ 

conductor  of,  may  be  appointed,   4842  .................................................... 

counties  may  be  united  in,  4841  ........................................................... 

expenses  of,   how  paid,   4843  ................................................................ 

vouchers  for,  where  filed,  4846  .................................................. 

funds  for  support  of,  how  raised,  4839,  4840  ..............................................     81,  82 

State  institute,  expenses  of,  paid  from  State  Treasury,  4845  ......................... 

to  be  held  annually,  4845  ................................................ 

teachers  may  close  school  to  attend,  4842  ............................................... 

TERM  OF  OFFICE: 

of  district  officers,  4666.  4746,  4824  ..........................................................  22,  50,  77 

members  of  board  of  school  examiners,  4808  ........................................ 

State  Board  of  Education,  con.  prov.,  art.  xiii,  sec.  9  ............. 

Regents  of  the  University,  con.  prov.,  art.  xiii,  sec.  6  ............................ 

State  officers,  con.  prov.,  art.  viii,  sec.  2  ............................................  < 

township   officers,   2283,   4824  .............................................................     89,  1  7 


district  board  to  advertise  for  proposals  when  authorized  by  district,  4777  ........ 

estimate  amount  necessary  to  purchase,  4778  ....................... 

incur  penalty  for  failure  to  comply  with  the  law,  4780  ........... 

make  contract  for  furnishing,  4777  ................................... 

purchase  when  authorized,   4775,   4776  ................................     60,  61 


INDEX.  145 


TEXT-BOOKS—  Con  tinned:  PAGE 

to  vote  on  question  of  furnishing,  4776 61 

on  physiology  and  hygiene  to  be  approved  by  State  Board  of  Education,  4680, 

1827    26,97 

to  be  furnished  to  indigent  children,  4681 

prescribed  by  district  board,  4680 26 

the  property  of  the  district,  4776 

when  board  to  purchase,  4779 62 

TOWNSHIP  BOARD: 

duties  of,  in  case  of  appeal  from  inspector's  action,  4743-4745 49,  50 

may  remove  certain  officers,   4772 

to  allow  accounts  of  inspectors,  469fi 34 

TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS: 

appeal  from  action  of,  to  township  board,  4743-4745 49,  50 

chairman   and  clerk   of,    4692 

to  be  treasurer  of,  and  give  bond,  4693 

clerk  of,  to  notify  directors  of  alteration  in  district,  4656 16 

taxable  inhabitant  of  formation  of  district,  4647 

compensation  of,    2374    89 

director  to  report  to,   4689 

duties  of,  concerning  libraries,  4752-4764 54-57 

in   forming   fractional    districts,    4649 

liability  for  neglect  to  report,  4768 

library  money,  subject  to  order  of,  4711,  4830 38,79 

may  attach  certain  non-residents,  4655 16 

member  of,  may  be  removed  by  township  board,  4772 59 

notice  and  number  of  meetings,  4653,  4697,  4828 15,34,78 

on  determining  site  to  certify  to  directors,  4728 43 

penalty  for  neglect  to  qualify  or  perform  duties,  4767 58 

records  of,  kept  in  office  of  township  clerk,  4698 34 

reports,   abstracts   of,   4639 10 

examination  of,  by  county  commissioner  of  schools,  4815 73 

to  be  made  in  triplicate,  4694 33 

restricted  in  altering  boundaries  of  graded  school  districts,  4749 53 

tax  determined  upon  division  of  a  district,  4657 16 

to  account  to  township  board  for  funds  received  and  disbursed,  4696 34 

apply  for  library  moneys,  4754,  4830 55,  79 

alter  boundaries  of  districts,  4646,  4654 12,  15 

apportion  property  on  division  of  a  district,  4657,  4658,  4838 16,  17,  80 

certify  facts  relating  to  employment  of  unqualified  teachers,  4695 34 

divide   township   into   school   districts,    4646 12 

examine  list  of  teachers  before  reporting  to  county  clerk,  4695 34 

have  care  of  township   library,   4755 55 

number  districts,   4646   12 

to  purchase  books  for  township  library,  4754,  4830 55  79 

township  clerk  to  transmit  reports  of,  to  county  commissioner  of  schools,  4694..  33 

when  may  appoint  district  officers,  4668,   4717 22,51 

attach  persons   to   districts,    4655 16 

sell    schoolhouse   site,    4657 16 

to  determine  site,  4728,  4830 43,  79 

who  to  constitute  board,  4692,  4829 ,  33  79 

TOWNSHIP  CLERK: 

a  member  and  clerk  of  board  of  inspectors,  4692,  4698,  4826 33,  34,  78 

compensation  of,  2374 89 

duties  of,   as  inspector,   4698,  4826 34,  78 

election   of,   2275 88 

liability  for  neglect  in  transmitting  reports,  4768 58 

not  reporting  taxes  to  supervisor,  4771 58 

to  apportion  moneys  to  districts,  4702,  4703 35 

approve  and  file  bond  of  chairman  of  board  of  inspectors,  4693 33 

bond  of  appellants  from  inspector's  action,  4744 49 

be  furnished  with  list  of  teachers,  4815,  4834 73,  80 

bring  suit  on  bond  of  chairman  of  board  of  inspectors,  4693 33 

certify   taxes  to   supervisor,   4701,  4831 35,79 

draw  books  for  township  officers,  sec.  33 107 

file  map  of  township  with  supervisor,  4700 35 

forward  inspector's  reports  to  county  commissioner  of  schools,   4694 33 

give  notice  of  formation  of  new  districts,  4647,  4648,  4823 13,76 

meeting  of  inspectors,   4653 15 

to  directors  of  moneys  apportioned,  4703 35 

keep  records,  reports,  books,  etc.,  on  file,  4698,  4834 34,  80 

make  map  of  township  showing  boundaries  of  districts,  4700 35 

not  act  on  township  board  in  case  of  appeal  from  inspectors,  4745 50 

notify  county  clerk  of  chairman  of  board  of  inspectors,  4699 34 

director  of  alterations  in  district,  4656 16 

record  order  for  removal  of  officer,  4772 59 

proceedings  of  board  of  inspectors,  4698 34 

receive  and  dispose  of  communications,  4698 34 

report  taxes  to  supervisor,  4701,   4831 35,  79 

transmit  to  county  commissioner  of  schools  reports  of  inspectors,  4694 33 

(See  Township  Board  of  School  Inspectors.) 
TOWNSHIP  SCHOOL  INSPECTORS: 

(See  Township  Board  of  School  Inspectors.) 

19 


146  INDEX. 


TOWNSHIP  DISTRICT:  PAGE 

amount  of  tax  voted,  4831 

board,    compensation,   4837    • 

duties   of,    4830 

meeting  of,  time  and  place,  4826,  4828 

officers    of,    4824 

report    of,    483*    

disposition   of   property,    4835 80 

division  of  district,   4838 80 

organization  of,  4823-4838   76-81 

TOWNSHIP   LIBRARY: 

(See   Libraries.)  • 

TOWNSHIP  TREASURER: 

duties  in  relation  to  taxes  in  fractional  districts,  4709,  4713 38,39 

election    of,    2275    88 

to  apply  to  county  treasurer  for  moneys,  4712 39 

give  notice  to  township  clerk  of  moneys,  4712,  4713 39 

hold  moneys  subject  to  proper  orders  and  warrants,  4711,  4830 38,  79 

pay  library  moneys  to  inspectors,  4754,  4826,  4830 55,78,79 

school  taxes  next  to  township  expenses,  4711 38 

recover  penalties,  etc.,  from  certain  officers,  4768,  4770 58 

warrant  for  collection  of  taxes,  4708,  4709 38 

warrants  on,  to  be  signed  by  director  and  moderator,  4685,  4686 28,29 

(See  Moneys;  also  Taxes.) 
TRAINING  SCHOOL: 

in  connection  with  State  Normal,  1816 93 

TREASURER,   COUNTY: 

(See  County  Treasurer.) 

TREASURER  OF  BOARD  OF  SCHOOL  INSPECTORS: 
(See  Chairman  of  Board  of  School  Inspectors.) 
TREASURER  OF  DISTRICT: 

(See  Assessor.) 
TREASURER,    TOWNSHIP: 

(See  Township  Treasurer.) 

T*"R  TAT  * 

(See  Action,  Proceedings;  also  Suits.) 
TRUANTS: 

sent  to  reformatory  institutions  in  certain  cases,  4853,  11766 86  87 

tried  by  justices  or  recorder,  4852,  11766 gg)  87 

ungraded  school  to  be  provided  for,  4850 85 

who  shall  be  deemed,  4851,  11765 86  87 

TRUANT  OFFICERS: 

duty  to  enforce  compulsory  educational  laws,  4849 35 

examine  into  cases  of  truancy,   4849 85 

institute  proceedings  in  certain  cases,   4853 86 

make  complaints  in  truancy  cases,   4852 , 86 

warn  truants  and  their  parents  or  guardians,  4849 85 

how  appointed.   4848   85 

TRUSTEES,   BOARD  OF: 

(See  Board  of  Trustees.) 
TUITION: 

may  be  charged  .for  studies  in  high  schools,  4<48 52 

of  non-resident  pupils,  46M 

UNGRADED   SCHOOLS: 

juvenile  disorderly  persons  to  be  sent  to,  4851 86 


may  be  established  in  graded  school  districts,  4850.. 
[FORMITY: 


UNI1 

of  Normal  School  courses,  1832 98 

UNION   SCHOOL   DISTRICT: 

(See  Graded  School  District.) 
UNITED  STATES  FLAGS: 

purchase   of,   4S02   65 

UNIVERSITY: 

constitutional  provisions,   art.   xiii,   sees.  6,  8 

diplomas  and  certificates  to  graduates,   4804 66 

VACANCY: 

in  board  of  library  commissioners,  sec.  1 104 

school  examiners,  4808   

trustees  of  graded  school  district,  4747 

township   school   district,    4827 

district  offices,  how  occasioned  and  filled,  4667,  4668 

office  of  regent,  con.  proy.,  art.  xiii,  sec.  6 

county  commissioner  of  schools,  4819 75 

State  officers,  con.  prov.,  art.  viii,  sec.  3 

(See   Appointment.) 
VENIRE: 

in  proceedings  to  obtain  site,  4730,  4732 44,  45 

VISITATION: 

and  examination  of  schools,  4815,  4830 73,  79 

VOTERS: 

challenge  of,  4663  

who    are   qualified,    4662 

(See  District  Meetings.) 


INDEX.  u; 


VOUCHERS:  PAQK 

for  accounts   of  inspectors,   4696 34 

expenditures  by  assessor,   4691 32 

payments  at  teachers'   institutes,  4846 83 

WARRANTS: 

on  State  Treasurer  for  primary  school  interest  fund,  4642 11 

township   treasurer,   4685,   4686,   4711,   4826 28,29,38,78 

to  township  treasurer,  for  collection  of  taxes,  4708,  4709 38 

(See  Orders;  also,   Township  Treasurer.) 
WITNESSES: 

in  proceedings  to  obtain  site,  4733 45 

WOMEN: 

eligible  to  election  to  district  offices,  4669 23 

qualified  as  voters  at  district  meetings.  4662 

TEAR,  SCHOOL: 

when  to  commence,  4659 17 


